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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DNISION

FILED IN OPEN ~ JACKSONVILLE. FL~R9o~R'T

JUL 11 2008

Mlo~&g,~1r.~'cCTr COURT

UNITED STATES OF AMERICA OF FLORIDA

Plaintiff, CNIL ACTION NO. ~ .' 0 Jd -C t1 .. .2 S 7 • 2 0 ~·Tf;l't

v.

City of Jacksonville

Defendant

REMEDIAL DESIGN/REMEDIAL ACTION CONSENT DECREE

FOR .JACKSONVILLE ASH AND BROWN'S DUMP SITES

ADMINISTERED UNDER THE CO:MPREHENSIVE ENVIRONMENTAL

RESPONSE. COMPENSATION AND LIABILITY ACT

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II/IIIII/III ~~~ ~llllll/111 11/ll/1111 11111111 11(!)5'9~09(!)

I. n. m. IV. v. VI. VII. vm. IX. X. XI. XII. XIII. XN. XV. XVI. XVII. XVIII. XIX. XX. XXI. xxn. XXIII. XXIV. XXV. XXVI. XXVII. :xxvm. XXIX. XXX. XXXI. XXXII. XXXIll. XXXIV.

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TABLE OF CONTENTS

BACKGROUND .... ,· ........................................ · .......... 1 i

JURISDICTION ...................................... · ..........•...... 2 . pARTIES BOUND ..................................................... 2·

I DEFINITIONS: ........................................................ 2 GENERAL PROVISIONS ...•.............................................. 6

I PERFORMANCE OF THE WORK BY SEITLING DEfENDANT ..................... 7

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REMEDY REVIEW .................................................... 12 I

QUALITY ASSURANCE, SAMPLING, AND DATA ANALYSIS .................... 12. ACCESS ANDjiNSTITUTIONAL CONTROLS ................................. 14 REPORTING REQUIREMENTS .................................. , ........ 17 EPA APPROVAL OF PLANS AND OTHER SUBMISSIONS ...... , ................ 18 PROJECT COORDINATORS ............................................. 20

I • ASSURANCE OF ABILITY TO COMPLETE WORK ............................. 20

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CERTIFICATION OF COMPLETION .•...................................... 24 I

EMERGENCY! REsPONSE ......•......................................... 26 PAYMENTS FOR REsPONSE COSTS ....................................... 27 INDEMNIFICATION AND INSURANCE ...................................... 29 FORCE MAJEURE .............•..•.•.•................................ 30 DISPUTE RESOLUfiON ........................................... ; .... 31 I . . STIPULATEDjPENALTIES ...................•.......................... 33 COVENANTSINOTTO SUE BY PLAINTIFF ................. · ................. 36 COVENANTS1 BY SETTLING DEfENDANT ......... .- ........................ 39 EFFECT OF SEITLEMENT; CONTRIBUTION PROTECTION ...................... 40 ACCESS TO lNFORMA TION ............................................. 41 RETENTION OF RECORDS ...........................•.................. 42 NOTICES AND SUBMISSIONS ..............•............................ 43 EFFECTIVE DATE ........................ ; ............................ 44 RETENTION OF JURISDICTION .......................................... 44 APPENDICES ......................... · .............................. 44 COMMUNITY RELATIONS ....... ' ...................•.................. 44

. i . MODIFICATION .•....•........... , ........... •· ... · ......•............. 45

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LODGING AND OPPORTUNITY FOR PuBLIC COMMENT ........................ 45 I

SIGNATORIEs/SERVICE ..•.... , ..........................•............ 45 I . .

FINAL JUDGMENT ................................................... 46

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I. BACKGROUND

A. The United States of America (United States), on behalf of the Administrator of the United States Environmental Protection Agency (EPA), filed a complaint in this matter pursuant to Sections 106 and 107 of the Comprehensive Environmental Response, Compensation. and Liability Act (CERCLA). 42 U.S.C. §§ 9606, 9607.

B. The United States in its complaint seeks, inter alia: (1) reimbursement of costs incurred by EPA and the Department of Justice for response actions at the Jacksonville Ash and Brown's Dump Superfund Alternative Sites in Jacksonville, Aorida, together with accrued interest; and (2) performance of studies and response work by the defendant at the Sites consistent with the National Contingency Plan, 40 C.F.R. Part 300 (as amended) (NCP).

C. In accordance with the NCP and Section 121(t)(l)(F)ofCERCLA, 42 U.S.C. § 962l(t)(l)(F), EPA notified the State of Florida (the State) on September 29, 2006, of negotiations with potentially responsible parties regarding the implementation of the remedial designs and remedial actions for the Sites, and EPA has provided the State with an opportunity to participate in such negotiations and be a party to this Consent Decree.

D. ln accordance with Section 122(j)(l) of CERCLA, 42 U.S.C. § 9622(j)(l), EPA notified the Department of the Interior on September 29, 2006, of negotiations with potentially responsible parties regarding the release of hazardous substances that may have resulted in injury to the natural resources-under Federal trusteeship and encouraged the trustee(s).to participate in the negotiation of this Consent Decree.

E. The Consolidated City of Jacksonville, the defendant that has entered into this Consent Decree (Settling Defendant), does not admit any liability to the Plaintiff arising out of the transactions or occurrences aiJeged in the complaint, nor does it acknowledge that the release or threatened release of hazardous substances at or from the Sites constitutes an imminent or substantial endangerment to the public health or welfare or the environment.

F. · In response to a release or a substantial threat of a release; of a hazardous substances at or from the Sites, in May, 2000, the Settling Defendant conunenced Remedial Investigations and Feasibility Studies (RUFS) for the Sites pursuant to 40 C.F.R. § 300.430.

G. The Settling Defendant completed the Remedial Investigation (RI) Reports in December, 2004. and completed the Feasibility Study (FS) Reports in May, 2005.

H. Pursuant to Section 117 of CERCLA, 42 U.S .C. § 9617, EPA published notice of the completion of the FSs and of the proposed plans for remedial actions in July. 2005, in a major local newspaper of general circulation. EPA provided an opportunity for written and ora) comments from the public on the proposed plans for remedial actions. A copy of the transcript of the public meetings is available to the public as part of the administrative records upon which the Regional Administrator based the selection of the response actions.

L The decision by EPA on the remedial actions to be implemented at the Sites is embodied in the fmal Records of Decision (RODs), both executed on August 26, 2006, on which the State had a reasonable opportupity to review and comment. The RODs include responsiveness summaries to the public comments. Notice of the final plans was published in accordance ·with Section ll7(b) of CERCLA.

J. Based on the information presently available to EPA. EPA believes that the Work will be properly and promptly conducted by the Sett1ing Defendant if conducted in accordance

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with the requirements of iliis Consent Decree and its appendices. I

K. Solely for ~e purposes of Section 113(j) of CERCLA, the Remedial Actions selected by the RODs and ~e Work to be performed by the Settling Defendant shall constitute response actions taken or qrdered by the President.

L. The Parties[ recognize, and the Court by entering this Consent Decree finds, that this Consent Decree has been negotiated by-the Parties in good faith. and implementation of this Consent Decree wiiJ expe~ite the cleanup of the Sites and will avoid proJonged and comphcated litigation between the Part~es, and that this Consent Decree is fair. reasonable, and in· the public interest.

NOW, THEREFO~E. it is hereby Ordered, Adjudged, and Decreed:

ll. JURISDICTION

I. This Courtlhas jurisdiction over the subject matter of these actions pursuant to 28 U.S.C. §§ 1331 and 1345.: and 42 U.S.C. §§ 9606,9607, and 9613(b). This Court also has personal jurisdiction overithe Settling Defendant. Solely for the purposes of this Consent Decree and the underlying complaint, Settling Defendant waives all objections and defenses that it may have to jurisdiction of the

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Coun or to venue in this District. Settling Defendant shall not challenge the terms of this Consent Decree or this Court's jurisdiction to enter and enforce this Consent Decree.

ill. PARTIES BOUNQ i .

2. This Consent Decree applies to and is binding upon the United States and upon Settling Defendant and it~ successors and assigns. Any change in ownership or corporate status of a Settling Defendant including, but not limited to. any transfer of assets or real or personal property, shall in no wayialter Settling Defendant's responsibilities under this Consent Decree.

3. Settling qetendant shall provide a copy of this Consent Decree to each contractor hired to perform the Work (as defined below) required by this Consent Decree and to each person representing Settling Defendant with respect to the Sites or the Work and shall condition all contracts entered into hekunder upon performance of the Work in conformity with the terms of this Consent Decree. Settling Defendant or its contractors shall provide written notice of the Consent Decree to all su~ontractors hired to perform any portion of the Work required by this

· Consent Decree. Settling Defendant shall nonetheless be responsible for ensuring that its contractors and subcontractors perform the Work contemplated herein in accordance with this. Consent Decree. With r~gard to the activities undertaken pursuant to this Consent Decree, each contractor and subcontr~or shall be deemed to be in a contractual relationship with the Settling Defendant within the meaning of Section l07(b)(3) of CERCLA, 42 U.S.C. § 9607(b)(3).

£V. DEANITIONS i

4. Unless o~herwise expressly provided herein, terms used in this Consent Decree which are defined in C~RCLA or in regulations promulgated under CERCLA shall have the

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meaning assigned to them in CERCLA or in such regulations. Whenever terms listed below are • used in this Consent Decree or in the appendices attached hereto and incorporated hereunder, the

following defmitions shall apply:

"Brown's Dump Site Special Account" shall mean the special account established at the Brown's Dump Site by EPA pursuant to Section 122(b)(3) ofCERCLA. 42 U.S.C. §9622(b)(3), and this Consent Decree.

"CERCLA" shall mean the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. §§ 9601. et seq.

"Consent Decree" shall mean this Decree and all appendices attached hereto (listed in Section XXIX). In the event of conflict between this Decree and any appendix, this Decree shall control .

.. Day" shall mean a calendar day unless expressly stated to be a working day. "Working day" shall mean a day other than a Saturday, Sunday, or Federal holiday. In computing any period of time under this Consent Decree, where the last day would fall on a Saturday, Sunday, or Federal holiday. the period shall run until the close of business of the next working day.

"Effective Date" shall be the effective date of this Consent Decree as provided in Paragraph ll 0.

"EPA" shall mean the United States Environmental Protection Agency and any successor departments or agencies of the United States.

"FDEP" shall mean the Florida Department of Environmental Protection and any successor departments or agencies of the State.

''Future Response Costs" shall mean all costs. including, but not limited to, direct and indirect costs. that the United States incurs in .reviewing or developing plans, reports and other items pursuant to this Consent Decree, verifying the Work, or otherwise implementing, overseeing, or enforcing this Consent Decree, including, but not limited to, payroll costs, contractor costs. travel costs, laboratory costs, the costs incurred pursuant to Sections VII, IX (including. but not limited to, the cost of attorney time and any monies paid to secure access and/or to secure or implement institutional controls including, but not limited to, the amount of just compensation), XV. and Paragraph 91 of Section XXI. Future Response Costs shall also include all Interim Response Costs, and all Interest on those Past Response Costs Settling Defendant has agreed to reimburse under this Consent Decree that has accrued pursuant to 42 U.S.C. § 9607(a) during the period from August 25, 2006, to the date of entry of this Consent Decree.

"Interim Response Costs" shall mean all costs, including direct and indirect costs. (a) paid by the United States in connection with the Sites between August 27, 2006 and the Effective Date, or (b) incurred prior to the Effective Date but paid after that date.

"Interest," shall mean interest at the rate specified for interest on investments of the EPA Hazardous Substance Superfund established by 26 U.S.C. § 9507, compounded annually on October l of each year, in accordance with 42 U.S.C. § 9607(a). The applicable rate of interest

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shall be the rate in effect at the time the interest accrues. The rate of interest is subject to change on October l of each -year.:

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"Interest Earned" shall mean interest earned on amounts in the Jacksonville Ash Site Special Account. or Bro~'s Dump Site Special Account, respectively, which shall be computed monthly at a rate based on: the annual return on investments of the Hazardous Substance

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Superfund. The applicable rate of interest shalJ be the rate in effect at the time the interest accrues .

.. Jacksonville Ash !Site Special Account" shall mean the special account established at the Jacksonville Ash Site by EPA pursuant to Section 122(b)(3) of CERCLA, 42 U.S.C. §9622(b)(J), and this Co~ent Decree.

"Municipal sewage sludge" shall mean any solid, semi-solid, or liquid residue removed during the treatment of mUnicipal waste water or domestic sewage, and may include residue removed, all or in pan, dJring the treatment of wastewater from manufacturing or processing operations, provided that .~uch residue has essentially the same characteristics as residue removed during the treaunent of domestic sewage.

"Municipal solid waste" shall mean household waste and solid waste collected from non­residential sources that is essentially the same as household waste. While the composition of such wastes may vary coQsiderably, municipal solid waste generally is composed of large volwnes of non-hazardous substances (e.g .. yard waste, food waste, glass, and aluminum) and can contain small amoun~ of other wastes as typically may be accepted in RCRA Subtitle D landfills. ·

"National Contingency Plan" or "NCP" shall mean the National Oil and Hazardous Substances Pollution Contingency Plan promulgated pursuant to Section 105 of CERCLA, 42 U .S.C. § 9605, codified at 40 C.F.R. Part 300, and any amendments thereto.

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''Operation and Maintenance" or "0 & M" shall mean all activities required to maintain the effectiveness of the Remedial Actions as required under the Operation and Maintenance Plan approved or developed tJy EPA pursuant to this Consent Decree and the Statements of Work (SOW).

"Owner Settling Defendant" shall mean the Settling Defendant, the Consolidated City of Jacksonville.

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"Paragraph" sh~l mean a portion of this Consent Decree identified by an arabic numeral or an upper case letter. ·

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"Parties" shall mean the United States and the Settling Defendant.

"Past Response Costs" shall mean all costs, including, but not limited to, direct and indirect costs. that the-l,Jnited States paid at or in connection with the Sites-through August ~7. 2006. plus Interest on all such costs which has accrued pursuant to 42 U.S.C. § 9607(a) through such date.

''Performance S,tandards" shall mean the cleanup standards and other measures of achievement of the goals of the Remedial Actions, set forth in Sections 7.1. 7 .2. 9.1, 9.2 and 9.3

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of the Jacksonville Ash ROD, in Section 8.8 of the Brown's Dump ROD, and in Section IV of • the SOWs.

"Plaintiff' shall mean the United States.

"RCRA" shall mean the Solid Waste Disposal Act, as amended, 42 U.S.C. §§ 6901 et seq. (also known as the Resource Conservation and Recovery Act).

"Record of Decision" or "ROD" shall mean the EPA Records of Decision relating to the Jacksonville Ash and Brown's Dump Sites, respectively, signed on August 26, 2006, by the Regional Administrator. EPA Region 4, or his delegate, and all attachments thereto. The Jacksonville Ash Site ROp is attached as Appendix A. The Brown's Dump Site ROD is attached as Appendix B.

"Remedial Actions" shall mean those activities, except for Operation and Maintenance, to be undertaken by the Settling Defendant to implement the RODs, in accordance with the SOWs and the final Remedial Designs and Remedial Action Work Plans and other plans approved by EPA.

"Remedial Action Work Plans" shall mean the documents developed pursuant to Paragraph 12 of this Consent Decree and approved by EPA, and any amendments thereto.

"Remedial Designs" shall mean those activities to be undertaken by the Settling Defendant to develop the fmal plans and specifications for the Remedial Actions pursuant to the Remedial Design Work Plans.

"Remedial Design Work Plans" shall mean the documents developed pursuant to Paragraph 11 of this Consent Decree and approved by EPA, and any amendments thereto.

"Section" shall mean a portion of this Consent Decree identified by a Roman numeral.

"Settling Defendant'' shall mean the Consolidated City of Jacksonville, as a county and political subdivision of the State of Florida. Settling Defendant may be contacted at the following address: Attn: Chief, Environmental Law Division, Office of General Counsel; City of Jacksonville; City Hall, St. James Building; 117 West Duval Street; Suite 480; Jacksonville. Fl. 32202.

"Sites" shall mean both the Jacksonville Ash and Brown's Dump Superfund Alternative Sites located in Jacksonville, Duval County, Florida. The Jacksonville Ash Site encompasses approximately 27 acres at the Forest Street Iricirierator site~· approximately 36 acres at the sc~~ and Cleveland Incinerator site, and approximately 126 acres at the Lonnie C. Miller, Sr. Park site, as depicted generally on the map attached as Appendix E. The Brown's Dump Superfund Alternative Site encompasses approximately 80 acres located in northeast Jacksonville and including the former Mary Mcleod Bethune Elementary School. an electrical substation. and residential areas, as depicted generally on the map attached as Appendix F.

"State" shall mean the State of Florida.

"Statement of Work" or "SOW'' shall mean the statements of work for implementation of the Remedial Designs, Remedial Actions, and Operation and Maintenance at the Sites, as set

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forth in Appendix C (Jac~onville Ash) and Appendix D (Brown's Dump) to this Consent Decree and any modificati9ns made in accordance with this Consent Decree.

"Supervising Contractor" shall mean the principal contractor retained by the Settling Defendant to supervise and direct the implementation of the Work under this Consent Decree.

"United States'' shall mean the United States of America.

"Waste Material" Jhall mean (1) any "hazardous substance" under Section 101(14) of CERCI.A. 42 U.S.C. § 9601(14); (2) any pollutant or contaminant under Section 101(33), 42

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U.S.C. § 9601(33); (3) any "solid waste" under Section 1004(27) ofRCRA, 42 U.S.C. § 6903(27); and (4) any "hazardous material" under Florida statute.

"Work" shall mean all activities Settling Defendant is required to perfonn under this Consent Decree, except tliose required by Section XXV (Re~ention of Records).

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V. GENERAL PROVISIONS

5. Objectivesi of the Parties. The objectives of the Parties in entering into this Consent Decree are to prdtect public health or welfare or the environment at the Sites by the design and implementatidn of response actions at the Sites by the Settling Defendant, to reimburse response costs ,of the Plaintiff, and to resolve the claims of Plaintiff against Settling Defendant as provided in ithis Consent Decree.

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6. Commitment by Settling Defendant. Settling Defendant shal1 finance and perform the Work in accdrdance with this Consent Decree, the RODs, the SOWs, and all work plans and other plans, standards, specifications, and schedules set forth herein or developed by Settling Defendant and approved by EPA pursuant to this Consent Decree. Settling Defendant shall also reimburse the United States for Past Response Costs and Future Response Costs as provided in this Consent Decree.

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7. Compliance With Applicable Law. All activities undertaken by Settling Defendant pursuant to th~s Consent Decree shall be performed in accordance with the requirements of all appli¢able federal and state laws and regulations. Settling Defendant must also comply with aU applicable or relevant and appropriate requirements of all Federal and state environmental laws as set forth in the RODs and the SOWs. The activities conducted pursuant to

I this Consent Decree, if approved by EPA, shall be considered to be consistent with the NCP.

8. Permits. , ;

a. As provided in Section 12l(e) ofCERCI.A and Section 300.400(e) of the NCP. no permit shall be ;required for any portion of the Work conducted entirely on-site (i.e .. within the areal extent of contamination or in very close proximity to the contamination and necessary for implement~tion of the Work). Where any portion of the Work that is not on-site requires a federal or stat~ permit or approval, Settling Defendant shall submit timely and complete applications and take all other actions necessary to obtain all such permits or approvals.

b. Settling Defendant may seek relief under the provisions of Section XVIH (Force Majeure) of this Consent Decree for any delay in the performance of the Work resulting from a failure to obtain,1or a delay in obtaining, any permit required for the Work.

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c. This Consent Decree is not, and shalJ not be construed to be, a pennit • issued pursuant to any federal or state statute or regulation.

9. Notice to Successors-in-Title.

a. With respect to any· property owned or controlled by the Owner Settling Defendant (except public rights-of-way) that is located within the Sites, within 30 days after the entry of this Consent Decree. the Owner Settling Defendant shall submit to EPA for review and approval a notice to be filed with the Clerk of the Circuit Court Recording Division Office, Duval County, State of Florida, which shall provide notice to all successors-in-title that the property is part of a Site, that EPA selected a remedy for the Sites on August 26, 2006, and that potentially responsible parties have entered into a Consent Decree requiring implementation of a remedy. Such notices shall identify the United States District Court in which the Consent Decree was filed, the name and civil action number of this case, and the date the Consent Decree was entered by the Court. The Owner Settling Defendant shall record the notices within 10 days of EPA's approval of the notices. The Owner Settling Defendant shall provide EPA with a certified copy of the recorded notices within 10 days of recording such notices. With respect to public rights-of-way located within the sites, the notice described herein shall be submitted to EPA for review and approval at least 30 days before the right-of-way segment is transferred to another person or entity, and an EPA-approved notice shall be provided to the transferee at closing. The n()tice shall be filed with the Clerk of the Circuit Court, and certified copies of the filed notice shall be submitted to EPA within 30 days after closing.

b. At least 30 days prior to the conveyance of any interest in property located within the Sites including, but not limited to, fee interests, leasehold interests, and mortgage interests, the Owner Settling Defendant conveying the interest shall give the grantee written notice of (i) this Consent Decree, (ii) any instrument by which an interest in reaJ property has been conveyed that confers a right of access to the Sites (hereinafter referred to as "access easements") pursuant to Section IX (Access and Institutional Controls), and (iii) any instrument by which an interest in real property has been conveyed that confers a right to enforce restrictions on the use of such property (hereinafter referred to as "restrictive easements") pursuant to Section IX (Access and Institutional Controls). At least 30 days prior to such conveyance, the Owner Settling Defendant conveying the interest shall aJso give written notice to EPA and the State of the proposed conveyance, including the name and address of the grantee, and the date on which notice of the Consent Decree, access easements, and/or restrictive easements was given to the gr~tee.

c. In the event of any such conveyance, the Owner Settling Defendant's obligations under this Consent Decree, including, but not limited to, its obligation to provide or secure access and institutional controls, as well as to abide by such institutional controls, pursuant to Section IX (Access and Institutional Controls) of this Consent Decree, shall continue to be met by the Owner Settling Defendant. In no event shall the conveyance release or otherwise .affect the liability of the Owner Settling Defendant to comply with all provisions of this Consent Decree, absent the prior written consent of EPA. If the United States approves, the grantee may perform some or all of the Work under this Con~ent Decree.

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VI. PERFORMANCE OF THE WORKBY SEITLING DEFENDANT I

10. Selection o~ Supervising Contractor. I

a. All ~pects of the Work to be perfonned by Settling Defendant pursuant to Sections VI (Performance of the Work by Settling Defendant), VII (Remedy Review), VIII (Quality Assurance, Sampling and Data Analysis), and XV (Emergency Response) of this Consent Decree shall be uJder the direction and supervision of the Supervising Contractor, the selection of which shall be, subject to disapproval by EPA after a reasonable opportunity for review and conunent by the State. The Settling Defendant may secure the services of other

. contractors to perform con~truction management and community outreach functions. If this occurs. contractors perfonping construction management and community outreach activities shall be subject to EPA approval following a reasonable opportunity for review and comment by the

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State. Within 10 days aft~r the lodging of this Consent Decree. Settling Defendant shall notify EPA in writing of the ~e. title, and qualifications of any contractor proposed to be the Supervising Contractor. 'o/ith respect to any contractor proposed to be Supervising Contractor, Settling Defendant shall demonstrate that the proposed contractor has a quality system that

I complies with ANSI/ ASQC E4-1994, "Specifications and Guidelines for Quality Systems for Environmental Data Coll~ction and Environmental Technology Programs," (American National Standard, January 5, 1995), by submitting a copy of the proposed contractor's Quality Management Plan (QMP)~ The QMP should be prepared in accordance with "EPA

· Requirements for Quality;Management Plans (QAIR.-2)" (EPA/240/B-01/002, March 2001) or equivalent documentation as determined by EPA. EPA will issue a notice of disapproval or an authorization to proceed./lf at any time thereafter, Settling Defendant proposes to change a Supervising Contractor, ~ettling Defendant shall give such notice to EPA and must obtain an authorization to proceed ~rom EPA, after a reasonable opportunity for review and comment by the State, before the new Supervising Contractor performs, directs. or supervises any Work under this Consent Decree.

b. If EPA disapproves a proposed Supervising Contractor, a construction management contractor dr a community outreach contractor, EPA will notify Settling Defendant in writing. Settling Defehdant shall submit to EPA a list of contractors. including the qualifications of each contractor, that would be acceptable to them within 30 days of receipt of EPA's disapproval of the/contractor previously proposed. EPA will provide written notice of the names of any contractor(s) that it disapproves and an authorization to proceed with respect to any of the other contractors. !Settling Defendant may select any contractor from that list that is not disapproved and shall notify EPA of the name of the contractor selected within 21 days of EPA's

th . . d' au onzataon to procee .; i

c. If EPA fails to provide written notice of its authorization to proceed or disapproval as provided in this Paragraph and this failure prevents the Settling Defendant from meeting one or more de~dlines in a plan approved by the EPA pursuant to this Consent Decree, Settling Defendant may ~eek relief under the provisions of Section XVill (Force Majeure) hereof.

11. Remedia~ Design.

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a. Within 60 days after EPA's issuance of an authorization to proceed • pursuant to Paragraph 10, Settling Defendant shall submit to EPA and the State a work plan for

the design of the Remedial Actions at the Sites (Remedial Design Work Plan or RD Work Plan). The Remedial Design Work Plans shall provide for design of the remedy set forth in the RODs. in accordance with the SOWs and for achievement of the Performance Standards and other requirements set forth in the RODs, this Consent Decree and/or the SOWs. Upon its approval by EPA. the Remedial Design Work Plans shall be incorporated into and become enforceable under this Consent Decree. Within 60 days after EPA's issuance of an authorization to proceed, the Settling Defendant shall submit to EPA and the State two Health and Safety Plans for field design activities which conforms to the applicable Occupational Safety and Health Administration and EPA requirements including, but not limited to, 29 C.F.R. § 1910.120 ..

b. The Remedial Design Work Plans shall include plans and schedules for implementation of all remedial design and pre-design tasks identified in the SOWs, including, but not limited to, plans and schedules for the completion of: ( 1) design sampling and analysis plans (including, but not limited to, a Remedial Design Quality Assurance Project Plan (RD QAPP) in accordance with Section Vlll (Quality Assurance, Sampling and Data Analysis)); and (2) Construction Quality Assurance Plans; and may also include: (1) treatability studies; (2) Pre­design Work Plans; (3) preliminary design submittals; (4) intennediate design submittals; and (5) pre-finaUfinal design submittals. In addition, the Remedial Design Work. Plans shall include a schedule for completion of the Remedial Action Work Plans.

c. Upon approval of the Remedial Design Work Plans by EPA, after a reasonable opportunity for review and comment by the State, and submittal of the Health and Safety Plans for all field activities to EPA and the State, Settling Defendant shall implement the Remedial Design Work Plans. Settling Defendant shall submit to EPA and the State all plans, submittals and other deliverables required under the approved Remedial Design Work Plans in accordance with the approved schedule for review and approval pursuant to Section XI (EPA Approval of Plans and Other Submissions). Unless otherwise directed by EPA, Settling Defendant shall not commence further Remedial Design activities at the Site prior to approval of the Remedial Design Work Plans.

d. The preliminary design submittal shall include, at a minimum, the following: (1) design criteria; (2) results of treatability studies; (3) results of additional field sampling and pre-design work; (4.) project delivery strategy; (5) preliminary plans, drawings and sketches; (6) required specifications in outline form; and (7) preliminary construction·schedule.

e. The intermediate design submittals, if required by EPA or if independently submitted by the Settling Defendant, shall be a continuation and expansion of the preliminary design. Any value engineering proposals must. be identified and evaluated during this review.

f. The pre-fmaUfinal design submittals shall in<,:lude~ at a minimum, the following: {l) final plans and specifications; (2) Operation and Maintenance Plans; (3) Construction Quality Assurance Project Plans (CQAPP); (4) Field Sampling Plans directed at measuring progress towards meeting Perfonnance Standards; and (5) Contingency Plans. The CQAPPs, which shall detail the approach to quality assurance during construction activities at

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the Sites. shall specify a qu:ality assurance official (QA Official), independent of the Supervising Contractor, to conduct a qtiality assurance program during the construction phase of the project.

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12. Remedial Actions. I

a. Within 30 days after the approval of the fmal design submittals, Settling Defendant shall submit to EPA and the State work plans for the performance of the Remedial

I Actions at the Sites (Remedial Action Work Plans). The Remedial Action Work Plans shall

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provide for construction ru;td implementation of the remedy set forth in the RODs and achievement of the Perforinance Standards. in accordance with.this Consent Decree, the RODs. the SOWs. and the design!plans and specifications developed in accordance with the Remedial Design Work Plans and approved by EPA. Upon approval by EPA, the Remedial Action Work

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Plans shall be incorporated into and become enforceable under this Consent Decree. At the same time as they submit the RJmediaJ Action Work Plans, Settling Defendant shall submit to EPA

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and the State Health and ~afety Plans for field activities required by the Remedial Action Work Plans which conforms to ~e applicable Occupational Safety and Health Administration and EPA requirements including, but not limited to, 29 C.F~R. § 1910.120.

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b. Tht Remedial Action Work Plans shall include the following: I

( 1) schedules for completion of the Remedial Actions: (2) method for selection of the contractors; (3) schedules for developing and submitting other required Remedial Action plans~ (4) groundwater monitoripg plans; (5) methods for satisfying permitting requirements; (6) methodology for implementation of the Operation and Maintenance Plans; (7) methodology for implementation of th~ Contingency Plans~ (8) tentative formulation of the Remedial Action teams; (9) construction qUality control plans (by constructor); and (10) procedures and plans for the decontamination of equipment and the disposal of contaminated materials. The Remedial Action Work Plans also shall include the methodology for implementation of the Construction Quality Assurance Plans :and a schedule for implementation of all Remedial Action tasks identified in the final design submittal and shall identify the initial formulation of the Settling Defendant's Remedial Actions Project Teams (including, but not limited to, the Supervising Contractor).

c. Upon approval of the Remedial Action Work Plans by EPA. after a reasonable opportunity for review and comment by the State, Settling Defendant shall implement

I

the activities required ~der the Remedial Action Work PI~. Settling Defendant shall submit to EPA and the State all jplans, submittals, or other deliverables required under the approved Remedial Action Work Plans in accordance with the approved schedule for review and approval

I

pursuant to Section XI (~PA Approval of Plans and Other SubmissioilS). Unless otherwise directed by EPA, Settling Defendant shall not commence physical Remedial Action activities at the Sites prior to appro!

1

al of the Re~edial Action Work Plans. ·

13. The Settling Defendant shall continue to implement the Remedial Actions and O&M until the Performance Standards are achieved and for so long thereafter as is otherwise required under this Co~ent Decree.

14. Modification of the SOWs or Related Work Plans.

i ·I

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a. If EPA determines that modification to the work specified in the SOWs ·' and/or in work plans developed pursuant to the SOWs is necessary to achieve and maintain the

Performance Standards or to carry out and maintain the effectiveness of the remedy set forth in the RODs, EPA may require that such modification be incorporated in the SOWs and/or such work plans, provided, however, that a modification may only be required pursuant to this Paragraph to the extent that it is consistent with the scope of the remedy selected in the RODs.

b. For the purposes of this Paragraph 14 and Paragraph 52 only, the "scope of the remedy selected in the RODs" is: Prevention of human exposure to surface soil contaminated above Remedial Goals (RGs) by providing soil removal as needed to allow for installation of a 2 foot thick soil cover. In residential areas the selected remedy will consist of the removal of any contamination above the RGs in the upper 2 feet of soil to be followed by backfill with a soil cover as needed to provide two feet of uncontaminated soil. Institution of groundwater monitoring to verify the "No Action" decision for the groundwater. hnposition of institutional controls to control exposure to remaining soil contamination above the RGs below 2 feet, under the soil cover and under buildings, roads, driveways, sidewalks, asphalt or concrete which maintain a break in the exposure pathway.

c. If Settling Defendant objects to any modification determined by EPA to be necessary pursuant to this Paragraph, they may seek dispute resolution pursuant to Section XIX (Dispute Resolution), Paragraph 71 (Record Review). The SOWs.andlor related work plans shall be modified in accordance with final resolution of the dispute.

d. Settling Defendant shall iinplement any work required by any modifications incorporated in the SOWs and/or in work plans developed pursuant to the SOWs in accordance with this Paragraph.

e. Nothing in this Paragraph shall be construed to limit EPA's authority to require performance of further response actions as otherwise provided in this Consent Decree.

15. Settling Defendant acknowledges and agrees that nothing in this Consent Decree, the SOWs, or the Remedial Design or Remedial Action Work Plans constitutes a warranty or representation of any kind by Plaintiff that compliance with the work requirements set forth in the SOWs and the Work Plans will achieve the Perfonnance Standards.

16. a. Settling Defendant shall, prior to any off-site shipment of Waste Material from the Sites to out-of-state waste management facilities, provide written notification to the appropriate state environmental official in the receiving facility's state and to the EPA Project Coordinator of such shipment of Waste Material. However, this notification requirement shall not apply to any off-site shipments when the total volume of all such shipments will not exceed 10 cubic yards.

( 1) · Settling Defendant shall include in the written notification the following information, where available: ( 1) the name and location of the facility to which the Waste Material is to be shipped; (2) the type and quantity of the Waste Material to be shipped; (3) the expected schedule for the shipment of the Waste Material; and (4) the method of transportation. Settling Defendant shall notify the state in which the planned receiving facility is

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located of major changes inlthe shipment plan,.such as a decision to ship the Waste Material to I

another facility within the same state, or to a facility in another state.

(2) The identity of the receiving facility and state will be determined by the Settling Defendant fqllowing the award of the contracts for Remedial Action construction. Settling Defendant shall provide the information required by Paragraph 16.a as soon as practicable after the award of the contract and before the Waste Material is actually shipped.

b. Be~ore shipping any hazardous substances, pollutants, or contaminants from the Sites to an off-site location, Settling Defendant shall obtain EPA's certification that the proposed receiving facility /is opentting in compliance with the requirements of CERCI.A Section J 2l(d)(3) and 40 C.F.R. 3Qo.440. SenJing Defendant shall only send hazardous substances, pollutants, or contaminantS from the Site to an off-site facility that complies with the requirements of the statutory provision and regulations cited in the preceding sentence.

Vll. REMEQY REVIEW

17. Periodic Review. Settling Defendant shall conduct any studies and investigations as requested by EPA, in o~der to permit EPA to conduct reviews of whether the Remedial Actions are protective of~uman health and the environment at least every five years as required by Section 121(c) ofCERCLA and any applicable regulations.

18. EPA Selection of Further Response Actions. If EPA determines, at any time. that the Remedial Actions are ilm protective of human health and the environment. EPA may select further response actions for the Sites in accordance with the requirements of CERCLA and the

I

NCP. '

19. Opportunity To Comment. . Settling Defendant and. if required by Sections 113(k)(2) or 117 of CER¢I.A. the public, will be provided with an opportunity to comment on any further response actions proposed by EPA as a result of the review conducted pursuant to Section 12l(c) of CERCLA and to submit written comments for the records during the comment period.

20. Settline Dbfendant's Obligation To Perfonn Further Response Actions. If EPA selects further response a~tions for the Sites, Settling Defendant shall undertake such further response actions to the extent that the reopener conditions in Paragraph 87 or Paragraph 88 (United States' reservatiops of liability based on unknown conditions or new infonnation) are satisfied. Settling Defen~ant may invoke the procedures set forth in Section XIX (Dispute Resolution) to dispute (I) EPA's detennination that the reopener conditions of Paragraph 87 or Paragraph 88 of Section ;xxi (Covenants Not To Sue by Plaintiff) are satisfied, (2) EPA's determination that the R~medial Actions are not protective of human health and the environment. or (3) EPA's selection of the further response actions. Disputes pertaining to the whether the Remedial Actions are prptective or to EPA's selection of further response actions shall be resolved pursuant to Paragraph 71 (Record Review).

I 21. Submissi(>ns of Plans. If Settling Defendant is required to perform the further

response actions pursua~lt to Paragraph 20, it shall submit a plan for such work to EPA for . approval in accordance ~ith the procedures set forth in Section VI (Performance of the Work by

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Settling Defendant) and shall implement the plan approved by EPA in accordance with the • provisions of this Decree.

VIII. QUALITY ASSURANCE. SAMPLING. AND DATA ANALYSIS

22. Settling Defendant shall use quality assurance, quality control, and chain of custody procedures for all treatability, design, compliance·and monitoring samples in accordance with "EPA Requirements for Quality Assurance Project Plans (QNR5)" (EPA/240/B-01/003, March 2001) "Guidance for Quality Assurance Project Plans (QA/G-5)" (EPA/600/R-98/018, February 1998), and subsequent amendments to such guidelines upon notification by EPA to Settling Defendant of such amendment. Amended guidelines shall apply only to procedures conducted after such notification. Prior to the commencement of any monitoring project under this Consent Decree, Settling Defendant shall submit to EPA for approval, after a reasonable opportunity for review and comment by the State, Quality Assurance Project Plans (QAPP) that are consistent with the SOWs, the NCP and applicable guidance documents. If relevant to the proceeding, the Parties agree that validated sampling data generated in accordance with the QAPPs and reviewed and approved by EPA shall be admissible as evidence, without objection, in any proceeding under this Decree. Settling Defendant shall ensure that EPA personnel and its authorized representatives are allowed access at reasonable times to all laboratories utilized by Settling Defendant in implementing this Consent Decree. In addition, Settling Defendant shall ensure that such laboratories shall analyze all samples submitted by EPA pursuant to QAPPs for quality assurance monitoring. Settling Defendant shall ensure that the laboratories they utilize for the analysis of samples taken pursuant to this Decree perform all analyses according to accepted EPA methods. Accepted EPA methods consist of those methods which are documented in the "Contract Lab Program Statement of Work for Inorganic Analysis" and the "Contract Lab Program Statement of Work for Organic Analysis," dated February 1988, and any amendments made thereto during the course of the implementation of this Decree; however, upon approval by EPA. after opportunity for review and comment by the State, the Settling Defendant may use other analytical methods which are as stringent as or more stringent than the CLP- approved methods. Settling Defendant shall ensure that.alllaboratories they use for analysis of samples taken pursuant to this Consent Decree participate in an EPA or EPA-equivalent QNQC program. Settling Defendant shall only use laboratories that have a documented Quality System which complies with ANSIIASQC E4-1994, "Specifications and Guidelines for Quality Systems for Environmental Data Collection and Environmental Technology Programs," (American National Standard, January 5, 1995), and "EPA Requirements for Quality Management Plans (QAIR-2)," (EP A/240/B-0 1/002, March 2001) or equivalent documentation as detennined by EPA. EPA may consider laboratories accredited under the National Environmental Laboratory Accreditation Program (NELAP) as meeting the Quality System requirements. Settling Defendant shall ensure that all field methodologies utilized in collecting samples for subsequent analysis pursuant to this Decree will be conducted in accordance with the procedures set forth in the QAPPs approved by EPA.

23. Upon request, the Settling Defendant shall allow split or duplicate samples to be taken by EPA or their authorized representatives. Settling Defendant shall notify EPA not less than 30 days in advance of any sample collection activity unless shorter notice is agreed to by EPA. In addition, EPA shall have the right to take any additional samples that EPA deems

.I).

necessary. Upon request. EPA shall allow the Settling Defendant to take split or duplicate samples of any samples it takes as pan of the Plaintiffs oversight of the Settling Defendant's implementation of the Wotk.

24. Settling Defendant shall submit to EPA 6 copies of the results of all sampling · and/or tests or other data obtained or generated by or on behalf of Settling Defendant with respect to the Sites and/or the imp~ementation of this Consent Decree unless EPA agrees otherwise.

25. Notwithst~ding any provision of this Consent Decree, the United States hereby retains all of its information gathering and inspection authorities and rights, including enforcement actions relatcii thereto, under CERCLA, RCRA and any other applicable statutes or regulations.

IX. ACCESS AND INSTITUTIONAL CONTROLS

26. lf the Sites, or any other property where access and/or land/water use restrictions are needed to implement this Consent Decree, are owned or controlled by the Settling Defendant, Settling Defendant shall:

a. commencing on the date of lodging of this Consent Decree, provide the United States and its repr~sentatives, including EPA and its contractors, with access at all reasonable times to the Sites, or such other property, for the purpose of conducting any activity related to this Consent Decree including, but not limited to, the following activities:

(1) Monitoring the Work~

(2) Verifying any data or infonnation submitted to the United States~

(3) Conducting investigations relating to contamination at or near the Sites~

· ( 4) Obtaining samples;

(5) Assessing the need for, planning, or implementing additional response actions at or near the Sites;

(6) Assessing implementation of quality assurance and quality control practices as defined in the approved Quality Assurance Project Plans;

(71) Implementing the. Work pursuant to the conditions set forth in Paragraph 91 of this Consent Decree;

(8) Inspecting and copying records, operating logs, contracts, or other documents maintained or generated by Settling Defendant or its agents, consistent with Section XXIV (Access to Information);

(9) Assessing Settling Defendant's compliance with this Consent Decree; and

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~ -.-.:· ·-

( 10) Detennining whether the Sites or other property is being used in a manner that is prohibited or restricted, or that may need to be prohibited or restricted, by or pursuant to this Consent Decree;

b. commencing on the date of lodging of this Consent Decree, refrain from using the Sites, or such other property, in any manner that would interfere with or adversely affect the implementation, integrity, or protectiveness of the remedial measures to be performed pursuant to this Consent Decree. Such restrictions include, but are not limited to, digging through the 2-foot cover into contaminated soil without appropriate oversight and precautions, construction on the site which would disturb contaminated soil without appropriate oversight and precautions, any activity which would spread hazardous constituents; and installation of groundwater wells without appropriate pennits; and

c. If EPA so requests, Settling Defendant shall submit within 45 days draft documents directing the execution and recording in the Clerk of the Circuit Court, Recording Division Office, Duval County, State of Florida, an easement, running with the land, that (i) grants a right of access for the purpose of conducting any activity related to this Consent Decree including, but not limited to, those activities listed in Paragraph 26.a of this Consent Decree, and (ii) grants the right to enforce the land/water use restrictions listed in Paragraph 26.b of this Consent Decree, or other restrictions that EPA detennines are necessary to implement, ensure non-interference with, or ensure the protectiveness of the remedial measures to be perfonned pursuant to this Consent Decree. Settling Defendant shall grant the access rights and the rights to enforce the land/water use restrictions to one or more of the following persons: (i) the United States, on behalf of EPA, and its representatives, (ii) the State and its representatives, and/or (iii) other appropriate grantees. Settling Defendant shall, within 45 days of EPA's request, submit to EPA for review and approval with respect to such property:

(l) A draft easement, in substantially the fonn attached hereto as Appendix E, that is enforceable under the laws of the State of Florida, and

(2) a current title insurance commitment or some other evidence of title acceptable to EPA, which shows title to the land described in the easement to be free and clear of all prior liens and encumbrances (except when those liens or encumbrances are approved by EPA or when, despite best effOrts, Settling Defendant is unable to obtain release or subordination of such prior liens or encumbrances).

Within 15 days of EPA's approval and acceptance of the easement and the title evidence, Settling Defendant shall update the title search and, if it is determined that nothing has occurred since the effective date of the commitment to affect the title adversely, record the easement with the Clerk of the Circuit Court, Recording Division Office, Duval County. Within 30 days of recording the easement, Settling Defendant shall provide EPA with a fmal title insurance policy, or other finaJ evidence of title acceptable to EPA, and a certified copy of the original recorded easement showing the clerk's recording stamps. If the easement is to be conveyed to the United States, the easement and title evidence (including fmal title evidence) shall be prepared in ~ccordance with

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the U.S. Department of Justice Title Standards 2001. and approval of the sufficiency of title must be obtained as required by 40 U.S.C. § 255.

I

27. H the Sites, :or any other propeny where access and/or land/water use restrictions are needed to implement iliis Consent Decree, are owned or controlled by persons other than the Settling Defendant. the Settling Defendant shall exercise all reasonable diligence and good faith to secure from such persoris an agreement to provide access thereto for Settling Defendant, as well as for the United Statbs on behalf of EPA, and the State, as well as their representatives (including, but not limited! to those activities listed in Paragraph 26.a of this Consent Decree. Recognizing that the Settl~g Defendant has been in litigation with owners of property within the Site, this obligation shall be deemed satisfied with respect to those plaintiffs who settled with the

I

Sdtling Defendant on renhs that include providing access for remedial activities as set out in the Restrictive Covenants granted by such settling plaintiffs.

The Settling Defendant shall exercise its authority as a county to ensure that present and future property owners refrain from using the Site in any manner that would interfere with or adversely affect the impl~mentation, integrity, or protectiveness of the remedial measures to be perfonned pursuant to thi~ decree. Actions that would interfere with or adversely affect the remedial measures include, but are not limited to, digging through the 2-foot cover into contaminated soil without appropriate oversight and precautions, construction on the Site that would disturb contaminated soil without appropriate oversight and precautions, any activity that would spread hazardous oonstituents: and installation of groundwater wells without appropriate permits. Settling Defendant shall satisfy this requirement through ordinances

( 1) directing the Duval County Property Appraiser to annotate the property record cards of all properties within the Site boundaries that there are or may be hazardous substances on the property;

(2) establishing a geographic information system that displays the same infonnation for properties with the Site as described in subparagraph (I), above;

(3) creat~g a review program for any construction on parcels within the Site that have the potential to disturb contaminated soils;

(4) incorporating the EPA-approved Ash Management Plan into the county land development regulations for construction within the Site boundaries to prevent disturbin,g contaminated soils or spreading hazardous waste; and,

(5) amending the county well drilling ordinance to require permits for any well to be drill~ within the Site boundaries.

28. The Settling Defendant shall, on an annual basis, mail letters directed to "Current Occupant" of all remediated propenies including the following language: "Notice to Occupant: This property is part of1an incinerator'ash remediation area: contact the City of Jacksonville at (904) xxx-xxxx prior to digging." Additionally, the Settling Defendant shall, on an annual basis, mail \etters directed to ;'Current Occupant" to all non-remediated properties including the following language; "~otice to Occupant: The soil of this property is potentially contaminated with incinerator ash which the City of Jacksonville will remediate upon request. Please contact

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the City of Jacksonville at (904) xxx-xxxx for additional information." ·

29. For purposes of Paragraphs 26 and 27 of this Consent Decree, "best efforts" includes the payment of reasonable sums of money in consideration of access, access easements, land/water use restrictions, restrictive easements, and/or an agreement to release or subordinate a prior lien or encumbrance. If (a) any access or land/water use restriction agreements required by Paragraphs 27 .a or 27 of this Consent Decree are not obtained within 45 days of EPA request for such easement, tb) any access easements or restrictive easements required by Paragraph 27 of this Consent Decree are not submitted to EPA in draft form within 45 days of the date of EPA request for such easement, or (c) Settling Defendant is unable to obtain an agreement pursuant to Paragraph 26.c.( I) or Paragraph 27 from the holder of a prior lien or encumbrance to release or subordinate such lien or encumbrance to· the easement being created pursuant to this consent decree within 45 days of the date of EPA request for such easement, Settling Defendant shall promptly notify the United States in writing, and shall include in that notification a summary of the steps that Settling Defendant has taken to attempt to comply with Paragraph 26 or 27 of this Consent Decree. The United States may, as it deems appropriate, assist Settling Defendant in obtaining access or land/water use restrictions, either in the form of contractual agreements or in the fonn of easements running with the land, or in obtaining the release or subordination of a prior lien or encumbrance. Settling Defendant shall reimburse the United States in accordance with the procedures in Section XVI (Payments for Response Costs), for all costs incurred, direct or indirect, by the United States in obtaining such access, land/water use restrictions, and/or the release/subordination of prior liens or encumbrances including, but not limited to, the cost of attorney time and the amount of monetary consideration paid or just compensation.

30. If EPA determines that land/water use restrictions in the form of state or local laws, regulations, ordinances or other governmental controls are needed to implement the remedy selected in the RODs, ensure the integrity and protectiveness thereof, or ensure non-interference therewith. Settling Defendant shall cooperate with EPA's efforts to secure such governmental controls.

31. Notwithstanding anyprovision of this Consent Decree, the United States retains all of its access authorities and rights, as well as all of its rights to require land/water use restrictions, including enforcement authorities related thereto, under CERCLA, RCRA and any other applicable statute or regulations·.

X. REPORTING REOUIREMENI'S

32. In addition to any other requirement of this Consent Decree, Settling Defendant shall submit to EPA and the State 6 copies of written bi-monthly (once every two months) progress reports that: (a) describe the actions which have been taken toward achieving compliance with this Consent Decree during the previous two months~ (b) include a summary of all results of sampling and tests and all other data received or generated by Settling Defendant or its contractors or agents in the previous two months; (c) identify all work plans, plans and other deliverables required by this Consent Decree completed and submitted dwing the previous two months~ (d) describe all actions, including, but not limited to, data collection and implementation of work plans, which are scheduled for the next two months and provide other information relating to the progress of construction, including, but not limited to, critical path diagrams, Gantt

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charts and Pert charts~ (e) include information regarding percentage of completion, unresolved delays encountered or anti,cipated that may affect the future schedule for implementation of the Work, and a description of efforts made to mitigate those delays or anticipated delays; (0 include

I any modifications to the work plans or other schedules that Settling Defendant has proposed to EPA or that have been approved by EPA; and (g) describe all activities undertaken in support of the Community Relations: Plan during the previous two months and those to be undertaken in the next two months. Settling Defendant shall submit these progress reports to EPA and the State by the tenth day of every other month following the lodging of this Consent Decree until EPA

I notifies the Settling Defendant pursuant to Paragraph 53.b of Section XIV (Certification of Completion). If requested by EPA, Settling Defendant shall also provide briefmgs for EPA t9 discuss the progress of the Work.

3 3. The Settling Defendant shall notify EPA of any change in the schedule described in the bi-monthly progress report for the performance of any activity, including. but not limited to, data collection and implementation of work plans, no later than seven days prior to the performance of the activity.

I

34. Upon the occurrence of any event during performance of the Work that Settling Defendant is required to report pursuant to Section 103 of CERCLA or Section 304 of the. Emergency Planning and 'Community Right-to-know Act (EPCRA), Settling Defendant shall within 24 hours of the oruet of such event orally notify the EPA Project Coordinator or the Alternate EPA Project Coordinator in the event of the unavailability of the EPA Project Coordinator, or, in the event that neither the EPA Project Coordinator or Alternate EPA Project Coordinator is available, .the Emergency Response Section, Region 4, Uruted States Environmental Protection Agency. These reporting requirements are in addition to the reporting required by CERClA Seetion 103 or EPCRA Section 304.

35. Within 20 days of the onset of such an event, Settling Defendant shall furnish to Plaintiff a written report. signed by the Settling Defendant's Project Coordinator, setting fonh the events which occurred aqd the measures taken, and to be taken, in response thereto. Within 30 days of the conclusion of such an event. Settling Defendant shall submit a report setting forth all actions taken in response thereto.

36. Settling Defendant shall submit 6 copies of all plans, reports, and data required by the SOWs. the Remedial Design Work Plans, the Remedial Action Work Plans, or any other approved plans to EPA i~ accordance with the schedules set forth in such plans. Settling Defendant shall simult~eously submit 2 copies of all. such plans, reports and data to the State. Upon request by EPA Settling Defendant shall submit in electronic form all portions of any report or other deliverable Settling Defendant is required to submit pursuant to the provisions of this Consent Decree.

37. All reports and other documents submitted by Settling Defendant to EPA. other than the bi-monthly progress reports referred to above. which purport to document Settling Defendant's compliance

1

with the terms of this Consent Decree, shall be signed by an authorized representative of the Settling Defendant.

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XI. EPA APPROVAL OF PLANS AND OTHER SUBMISSIONS

38. After review of any plan. report or other item which is required to be submitted for approval pursuant to this Consent Decree, EPA. after reasonable opportunity for review and comment by the State, shall: (a) approve. in whole or in part, the submission; (b) approve the submission upon specified conditions; (c) modify the submission to cure the deficiencies; (d) disapprove, in whole or in part, the submission. directing that the Settling Defendant modify the submission; or (e) any combination of the above. However, EPA shall not modify a submission without first providing Settling Defendant at least one notice of deficiency and an opportunity to cure within 30 days, except where to do so would cause serious disruption to the Work or where previous submission(s) have been disapproved due to material defects and the deficiencies in the submission under consideration indicate a bad faith lack of effort to submit an acceptable deliverable.

39. ln the event of approval. approval upon conditions, or modification by EPA, pursuant to Paragraph 38(a), (b), or (c), Settling Defendant shall proceed to take any actions required by the plans, reports, or other items. as approved or modified by EPA subject only to their right to invoke the Dispute Resolution procedures set forth in Section XIX (Dispute Resolution) with respect to the modifications or conditions made by EPA. In the event that EPA modifies the submission to cure the deficiencies pur~uant to Paragraph 38(c) and the submission haS a material defect, EPA retains its right to seek stipulated penalties, as provided in Section XX (Stipulated Penalties).

40. Resubmission of Plans.

a. Upon receipt of a notice of disapproval pursuant to Paragraph 38(d), Settling Defendant shall, within 30 days or such longer time as specified by EPA in such notice, correct the deficiencies and resubmit the plan, report, or other item for approval. Any stipulated penalties applicable to the submission, as provided in Section XX, shall accrue during the 30-day period or otherwise specified period but shall not be payable unless the resubmission is disapproved or modified due to a material defect as provided in Paragraphs 42 and 43.

b. Notwithstanding the receipt of a notice of disapproval pursuant to · Paragraph 38(d), Settling Defendant shall proceed, at the direction of EPA, to take any action required by any non-deficient portion of the submission. Implementation of any non-deficient portion of a submission shall not relieve Settling Defendant of any liability for stipulated penalties under Section XX (Stipulated Penalties).

41. In the event that a resubmitted plan, report or other item, or portion thereof, is disapproved by EPA, EPA may again require the Settling Defendant to correct the deficiencies, in accordance with the preceding Paragraphs. EPA also retains the right to modify or develop the plan, report or other item. Settling Defendant shall implement any such plan, report, or item as modified or developed by EPA. subject only to their right to invoke the procedures set forth in Section XIX (Dispute Resolution).

42. If upon resubmission, a plan, report, or item is disapproved or modified by EPA due to a material defect, Settling Defendant shall be deemed to have failed to submit such plan, report, or item timely and adequately unless the Settling Defendant invokes the dispute resolution

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procedures set forth in Sec~ion XIX (Dispute Resolution) and EPA's action is overturned pursuant to that Section. The provisions of Section XIX (Dispute Resolution) and Section XX (Stipulated Penalties) shall govern the implementation of the Work and accrual and payment of any stipulated penalties durng Dispute Resolution. If EPA's disapproval or modification is upheld, stipulated penaltieS shall accrue for such violation from the date on which the initial submission was originally'required, as prqvided in Section XX.

43. All plans, ~ports, and other items required to be submitted to EPA under this Consent Decree shall, upon approval or modification by EPA, be enforceable under this Consent Decree. In the event EP AI approves or modifies a portion of a plan, report, or other item required to be submitted t~ EPA u~der this ConSent Decree, the approved or modified portion shall be enforceable under this Consent Decree.

XII. PROJECT COORDINATORS

44. Within 20 days of lodging this Consent Decree, Settling Defendant. the State and EPA will notify each oth~. in writing, of the name, address and te1ephone number of their respective designated Pro]ect Coordinators and Alternate Project Coordinators. If a Project Coordinator or Alternate Project Coordinator initially designated is changed, the identity of the successor will be given to the other Parties at least s·working days before the changes occur, unless impracticable, but in no event later than the actual day the change is made. The Settling Defendant's Project Coordinator shall be subject to disapproval by EPA and shall have the technical expertise suffic~ent to adequately oversee all aspects of the Work. The Settling Defendant's Project Coo~dinator shall not be an attorney for the Settling Defendant in this matter. He or she may assign other representatives,- including other contractors, to serve as a Site

I

representative for oversight of performance of daily operations during remedial activities. '

45. Plaintiff may designate other representatives, including, but not limited to, EPA and State employees, and federal and State contractors and consultants, to observe and monitor the progress of any activity undertaken pursuant to this Consent Decree. EPA's Project Coordinator and Alternate Project Coordinator shall have the authority lawfully vested in a Remedial Project Manager (RPM) and an On-Scene Coordinator (OSC) by the National Contingency Plan, 40 C.P.R. Part 300. In addition, EPA's Project Coordinaior or Alternate Project Coordinator shall have authority, consistent with the National Contingency Plan, to halt any Work required by th~s Consent Decree and to take any necessary response action when slhe determines that conditions at the Site constitute an emergency situation or may present an immediate threat to public health or welfare or the environment due to release or threatened release of Waste Materi~.

46. EPA's Prqject Coordinator and the Settling Defendant's' Project Coordinator will meet. at a minimum, on:a quarterly basis, unless EPA determines a meeting is not necessary that quarter.

Xlfl. ASSURANCE OF ABILITY TO COMPLETE WORK

4 7. Within 30 days of entry of this Consent Decree, Settling Defendant shall establish and maintain financial security in the amount of $94,100,000.00 ($74,000,000.00 for the Jacksonville Ash Site, and $20,100,000.00 for the Brown's Dump Site) in one or more of the

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following fonns:

c. A surety bond guaranteeing performance of the Work~

d. One or more irrevocable letters of credit equaling the total estimated cost of the Work;

e. A trust fund;

f. A guarantee to perform the Work by one or more parent corporations or subsidiaries, or by one or more unrelated corporations that have a substantial business relationship with Settling Defendant;

g. A demonstration that Settling Defendant satisfies the requirements of 40 C.F.R. Part 264.143(0: or

h. A letter submitted by Settling Defendant's Comptroller asserting Settling Defendant's favorable bond rating. EPA finds Settling Defendant's bond rating sufficient to comply with the fmancial assuran~e requirements of this Consent Decree

47.1. In order to ens.ure the full and fmal completion of the Work, Settling Defendant shall establish and maintain a Performance Guarantee for the benefit of EPA in the amount of $94,100,000.00 (hereinafter Estimated Cost of the Work) in one or more of the following forms, which must be satisfactory in form and substance to EPA:

.a. A surety bond unconditionally guaranteeing payment and/or performance of the Work that is issued by a surety company among those listed as acceptable sureties on Federal bonds~ set forth in Circular 570 of the U.S. Department of the Treasury;

b. One or more irrevocable letters of credit, payable to or at the direction of EPA, that is issued by one or more financial institutions: (i) that has the authority to issue letters of credit and (ii) whose letter-of-credit operations are regulated and examined by a U.S. Federal or State agency;

c. A trust fund established for the benefit of EPA that is administered by a trustee (i) that has the authority to act as a trustee and (ii) whose trust operations are regulated and examined by a U.S. Federal or State agency;

d. A policy of insurance that (i) provides EPA with acceptable rights as a beneficiary thereof; and (ii) is issued by an insurance carrier (a) ~at has the authority to issue insurance policies in the applicable jurisdiction(s) and (b) whose insurance operations are regulated and examined by a State agency;

e. A demonstration by Settling Defendant that it meets the financial test criteria of 40 C.P.R.§ 264.143(() with respect to the Estimated Cost of the Work, provided that all other requirements of 40 C.F.R. § 264.143(() are satisfied; or·

f. A written guarantee to fund or perform the Work executed in favor of EPA by one or more of the following: (i) a direct or indirect parent company of Settling Defendant. or (ii) a company that has a "substantial business relationship" (as defined in 40 C.F.R. §

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264.141(h)) with Settling Defendant; provided, however, that any company providing such a guarantee must demonstrate to the satisfaction of EPA that it satisfies the financial test requirements of 40 C.F.R. § 264.143(0 with respect to the Estimated Cost of the Work that it proposes to guarantee hereunder.

47 .2. Settling Defendant has selected, and EPA has approved, as an initial Performance Guarant' demonstration of satisfaction of fmancial test criteria pursuant to Paragraph 46.1(e) with r• . to Settling Defendant

.ti. If at any time during the effective period of this Consent Decree, the Settling I

Defendant provides a Performance Guarantee for completion of the Work by means of a demonstration or guar~Ptee pursuant to Paragraph 47.1(e) or Paragraph 47.1(f) above, Settling Defendant .-•- '1ll also ·· !y with the other relevant requirements of 40 C.F.R. § 264.143(f), 40 r ~ ~ .15 1 . :..u C.F.R. § 264.151(h)(l) relating to these methods unless otherwise prv, tueo •.• th . .;ent Decree, including but not limited to (i) the initial submission of required financial reoorw ..u1d statements from the relevant entity's chief fmancial officer and independent certified - lir 'lrr·. · ii) the annual re-submission of such reports and statements within

:each such entity's fiscal year; and (iii) the notification of EPA v. ••. • .• d the close of any fiscal year in which such entity no longer satisfies the 'i.nanci;;l test !"C: -;: :"~e:::-.c·:-us set forth at 40 C.F.R. § 264.143(0( 1 ). For purposes of the p.,-fomiilliC - 'lte(' :Jlethods specified in this Section Xlll, references in 40 C.F.R. Part 264,

... -~." -,st-closure." and "plugging and abandonment" shall be deemed to refe1 J '-'•·· 'lder this Consent Decree. and the terms "cUrrent closure cost estimate"' .-'-·· .Jre cost estimate," and "current plugging and abandonment cost estimate" su<ut oe oeemed to refer to the Estimated Cost of the Work.

49. ' the event that EPA determines at any time that a Performance Guarantee provided by St: ing Defendant pursuant to this Section is inadequate or otherwise no longer satisfies the requirements set forth in this Section. whether due to an increase in the estimated cost of completing the Work or for any other reason. or in the event that Settling Defendant becomes aware of infc, nation indicating that a Performance Guarantee provided pursuant to this Section is inadequate or otherwise no longer satisfies the requirements set forth in this Section, whether due to an increase in the estimated cost of completing the Work or for any other reason, Settling Defendant, within thirty days of receipt of notice of EPA's detennination or. as the case may be, within thirty days of Settling Defendant becoming aware of such information, shall obtain and present to EP~ for approval a proposal for a revised or alternative form of Performance Guarantee listed in Paragraph 47.1 of this Consent Decree that satisfies all requirements set forth in! this Section XID. In seeking approval for a revised or alternative form of Perfonnance Guarantee. Settling Defendant shall follow the procedures set forth in Paragraph 51 (b )(ii) of this Consent) Decree. Settling Defendant's inability to post a Perfonnance Guarantee for completion of the Work shall in no· way excuse perfonnance of any other requirements of this Consent Decree. including, without limitation, the obligation of Settling Defendant to complete the Work in strict accordance with the tenns hereof.

I

50. The cooimencement of any Work Takeover pursuant to Paragraph 91 of this Consent Decree shall trigger EP~'s right to receive the benefit of any Performance Guarantee

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provided pursuant to Paragraph 47.1(a), (b), (c), (d), or (f), and at such time EPA shall have . • immediate access to resources guaranteed under any such Performance Guarantee, whether in

cash or in kind, as needed to continue and complete the Work. assumed by EPA under the Work Takeover. If for any reason EPA is unable to promptly secure the resources guaranteed under . any such Performance Guarantee, whether in cash or in kind, necessary to continue and complete the Work assumed by EPA under the Work Takeover, or in the event that the Performance Guarantee involves a demonstration of satisfaction of the financial test criteria pursuant to Paragraph 4 7.1 (e), Settling Defendant shall inunediately upon written demand from EPA deposit into an account specified by EPA, in inunediately available funds and without setoff, counterclaim, or condition of any kind, a cash amount up to but not exceeding the estimated cost of the remaining Work to be performed as of such date, as determined by EPA

51. Modification of Amount and/or Form of Performance Guarantee.

a. Reduction of Amount of Performance Guarantee. If Settling Defendant believes that the estimated cost to complete the remaining Work has diminished below the amount set forth in Paragraph 47.1 above, Settling Defendant may, on any anniversary date of entry of this Consent Decree, or at any other time agreed to by the Parties, petition EPA in writing to request a reduction in the amount of the Performance Guarantee provided pursuant to this Section so that the amount of the Performance Guarantee is equal to the estimated cost of the remaining Work to be performed. Settling Defendant shall submit a written proposal for such reduction to EPA that shall speci"ty, at a minimum, the cost of the remaining Work to be performed and the basis upon which such cost was calculated. 'In seeking approval for a revised or alternative form of Performance Guarantee, Settling Defendant shall follow the procedures set forth in Paragraph 51 (b )(ii) of this Consent Decree. If EPA decides to accept such a proposal, EPA shall notify the petitioning Settling Defendant of such decision in writing. After receiving EPA's written acceptance, Settling Defendant may reduce the amount of the Performance Guarantee in accordance with and to the extent permitted by such written acceptance. In the event of a dispute, Settling Defendant may reduce the amount of the Performance Guarantee required hereunder only in accordance with a final administrative or judicial decision resolving such dispute. No change to the form or terms of any Performance Guarantee provided under this Section, other than a reduction in amount, is authorized except as provided in Paragraphs 48 or 50(b) of this Consent Decree.

b. Change of Fonn of Perfonnance Guarantee.

(i) If, after entry of this Consent Decree, Settling Defendant desires to change the form or terms of any Performance Guarantee provided pursuant to this Section, Settling Defendant may, on any aruliversary date of entry of this Consent Decree, or at any other time agreed to by the Parties, petition EPA in writing to request a change in the form of the Performance Guarantee provided hereunder. The submission of such proposed revised or alternative form of Performance Guarantee shall be as provided in Paragraph 5l{b)(ii) of this Consent Decree. Any decision made by EPA on a petition submitted under this subparagraph (b)(i) shall be made in EPA's sole and unreviewable

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discretion. and such decision shall not be subject to challenge by Settling Defendant pursuant to the dispute resolution provisions of this Consent Decree or in any other forum.

(ii) :Settling Defendant shall submit a written proposal for a revised or alternative form of Performance Guarantee to EPA which shall .specify, at a minimum, the estimated cost of the !emaining Work to be performed, the basis upon which such cost was calculated, and the .proposed revised form of Performance Guarantee, including all :proposed instruments or other documents required in order to make ·the proposed Performance Guarantee legally binding. The proposed revised or alternative form of Performance Guarantee must satisfy all requirements set forth or incorporated by reference in this Section. Settling Defendant shall submit such proposed revised or alternative

. form of Performance Guarantee to the EPA Regional Financial Management Officer in accordance with Section XXVI ("Notices and Submissions") of this Consent Decree, with a copy to: Nadine Orrell, Associate Regional CounseL U.S. EPA Region 4, 61 Forsyth Street, SW, Atlanta, GA 30303. EPA shall notify Settling Defendant in writing of its decision to accept or reject a revised or alternative Performance Guarantee submitted pursuant to this subparagraph. Within ten days after receiving a written decision approving the proposed revised or alternative Performance Guarantee, Settling Defendant shall execute and/or otherwise finalize all instruments or other documents required in order to make the selected Performance Guarantee legally binding in a form substantially identical to the documents submitted to EPA as part of the proposal, and such Performance Guarantee shall thereupon be fully effective. Settling Defendant shall submit all executed and/or otherwise finalized instruments or other documents required in order to make the selected Perfonnance Guarantee legally binding to the EPA Regional Financial Management Officer within thirty days of receiving a written decision approving the proposed revised or alternative Performance Guarantee in accordance with Section XXVI (Notices and Submissions) of this CoQSent Decree, with a copy to: Nadine Orrell, Associate Regional Counsel, U.S. EPA Region 4, 61 Forsyth Street, SW. Atlanta, GA 30303, and to the United States and EPA as specified in Section XXVI.

c. Release of Performance Guarantee. If Settling Defendant receives written notice from EPA in accordance with Paragraph 53 hereof that the Work has been fully and fmally completed in accordanc,b with the terms of this Consent Decree, or if EPA otherwise so notifies Settling Defendant in Writing, Settling Defendant may thereafter release. cancel. or discontinue the Performance Guarahtee provided pursuant to this Section. Settling Defendant shall not release, cancel. or discontinue any Performance Guarantee provided pursuant to this Section

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except as provided in this subparagraph. ln the event of a dispute, Settling Defendant may · • release, cancel, or discontinue the Performance Guarantee required hereunder only in accordance

with a final administrative or judicial decision resolving such dispute.

XN. CERTIACATION OF COMPLETION

52. Completion of the Remedial Actions.

a. Within 90 days after Settling Defendant concludes that the Remedial Actions have been fully performed and the Performance Standards have been attained, Settling Defendant shall schedule and conduct a pre-certification inspection to be attended by Settling Defendant and EPA. If. after the pre-certification inspection, the Settling Defendant still believes that the Remedial Actions have been fully performed and the Performance Standards have been attained, they shall submit a written report requesting certification to EPA for approval, pursuant to Section XI (EPA Approval of Plans and Other Submissions) within 30 days of the inspection. ln the report, a registered professional engineer and the Settling Defendant's Project Coordinator shall state that the Remedial Actions have been completed in full satisfaction of the requirements of this Consent Decree. The written report shall include as-built drawings signed and stamped by a professional engineer. The report shall contain the following statement, signed by a responsible corporate official of Settling Defendant or the Settling Defendant's Project Coordinator:

To the best of my knowledge, after thorough investigation, I certify that the information contained in or accompanying this submission is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

If, after completion of the pre-certification inspection and receipt and review of the written report, EPA, after reasonable opportunity to review and comment by the State, determines that the Remedial Actions or any portion thereof has not been completed in accordance with this Consent Decree or that the Performance Standards have not been achieved, EPA will notify Settling Defendant in writing of the activities that must be undertaken by Settling Defendant pursuant to this Consent Decree to complete the Remedial Action(s) and achieve the Performance Standards, provided, however, that EPA may only require Settling Defendant to perform such activities pursuant to this Paragraph to the extent that. such activities are consistent with the "scope of the remedy selected in the ROD," as that term is defined in Paragraph 14.b.

· EPA will set forth in the notice a schedule for performance of such activities consistent with the Consent Decree and the SOWs or require the Settling Defendant to submit a schedule to EPA for approval pursuant to Section XI (EPA Approval of Plans and Other Submissions). Settling Defendant shall perform all activities described in the notice in accordance with the specifications and schedules established pursuant to this Paragraph, subject to their right to invoke the dispute resolution procedures set forth in Section XIX (Dispute Resolution).

b. If EPA concludes, based on the initial or any subsequent report requesting Certification of Completion and after a reasonable opportunity for review and conunent by the State, that the Remedial Actions have been performed in accordance with this Consent Decree and that the Performance Standards have been achieved, EPA will so certify in

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writing to Settling Defendan:t. This certification shall constitute the Certification of Completion of the Remedial Actions for purposes of this Consent Decree, including. but not limited to. Section XXI (Covenants Not to Sue by Plaintiff). Certification of Completion of the Remedial Actions shall not affect Seuling Defendant's obligations under this Consent Decree.

53. Completion of the Work.

a. Within 90 days after Settling Defendant concludes that all phases of the Work (including 0 & M). have been fully perfonned, Settling Defendant shall schedule and conduct a pre-certification inspection to be attended by Settling Defendant and EPA. lf. after the pre-certification inspection~ the Settling Defendant still believes that the Work has been fully perfonned, Seuling Defend'ant shall submit a written report by a registered professional engineer stating that the Work has been completed in full satisfaction of the requirements of this Consent Decree. The report shall contain the following statement. signed by a responsible corporate official of the Settling Defendant or its Project Coordinator:

To the best of my ~owledge, after thorough investigation, I certify that the information contained in or accompanying this submission is true, accurate and complete. I am aw,~e that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

If, after: review of the written report, EPA. after reasonable opportunity to review and comment by the State, determines that any ponion of the Work has not been completed in accordance with this Consent Decree, EPA will notify Settling Defendant in writing of the activities that must be undertaken by Settling Defendant pursuant to this Consent Decree to complete the Work. provi~ed, however, that EPA may only require Settling Defendant to perform such activities pursuant to this Paragraph to the extent that such activities are consistent with the "scope of the remedy selected in the ROD," as that term is defined in Paragraph 14.b. EPA will set fonh in the notice a schedule for performance of such activities consistent with the Consent Decree and the SOWs or require the Settling Defendant to submit a schedule to EPA for approval pursuant to Section XI (EPA Approval of Plans and Other Submissions). Settling Defendant shall perform all activities described in the notice in accordance with the specifications and schedules established therein, subject to their right to invoke the dispute resolution procedures setlforth in Section XIX (Dispute Resolution).

b. ~EPA concludes, based on the initial or any subsequent request for Certification of Completion by Settling Defendant and after a reasonable opportunity for review and comment by the State, that the Work has been performed in accordance with this Consent Decree, EPA will so notify the Settling Defendant in writing.

XV. EMERGENCY RESPONSE

54. In the event of any action or occurrence during the performance of the Work which causes or threatens a release of Waste Material from the Sites that constitutes an

I . .

emergency situation or ~ay present an immediate threat to public health or welfare or the environment, Settling D,efendant shall, subject to Paragraph 55, imrnediate\y take all appropriate action to prevent, abate, or minimize such release or threat of release, and shall immediately

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notify the EPA's Project Coordinator, or, if the Project Coordinator is unavailable. EPA's • Alternate Project Coordinator. If neither of these persons is available, the Settling Defendant

shall notify the EPA Emergency Response and Removal Branch, Region 4. Settling Defendant shall take such actions in consultation with EPA's Project Coordinator or other available authorized EPA officer and in accordance with all applicable provisions of the Health and Safety Plans, the Contingency Plans, and any other applicable plans or documents developed pursuant to · the SOWs. In the event that Settling Defendant fails to take appropriate response actions as required by this Section, and EPA takes such actions instead, Settling Defendant shall reimburse EPA all costs of the response actions not inconsistent with the NCP pursuant to Section XVI (Payments for Response Costs).

55. Nothing in the preceding Paragraph or in this Consent Decree shall be deemed to limit any authority of the United States to a) take all appropriate actions to protect human health and the environment or to prevent, abate, respond to, or minimize an actual or threatened release of Waste Material on, at, or from the Sites, or b) direct or order such actions, or seek an order from the Court. to protect human health and the environment or to prevent, abate, respond to, or minimize an actual or threatened release of Waste Material on, at, or from the Sites, subject to Section XXI (Covenants Not to Sue by Plaintiff).

XVI. PA YMENIS FQR RESPONSE COSTS

56. a. Within 30 days after the Effective Date, EPA shall establish two new special accounts, the Jacksonville Ash Site Special Account and the Brown's Dump Site Special Account, both within the EPA Hazardous Substance Supetfund. These Special Account are to be retained and used to conduct or finance response actions at or in connection with each Site, or to be transferred by EPA to the EPA Hazardous Substance Superfund.

b. Payment of Interim Response Costs, and/or Future Response Costs shall be made by FedWire Electronic Funds Transfer (EFT) to the U.S. Department of Justice account in accordance with current EFT procedures, referencing USAO File Number __ , EPA Site/Spill 10 Number A4W5, and DOJ Case Number 90-11-3-08080 (JAS); and USAO File Number __ , EPA Site/Spill ID Number A496. and DOJ Case Number 90-11-3-08080 (80S), respectively. Payment shall be made in accordance with instructions provided to the Settling Defendant by the Financial Litigation Unit of the United States Attorney's Office for the Middle District of Aorida. Jacksonville Division following lodging of the Consent Decree. Any payments received by the Department of Justice after 4:00p.m. (Eastern Time) will be credited on the next business day.

c. ·Settling Defendant owes no Past Response Costs at either Site.

57. Payments for Future Response Costs .

. a Settling Defendant shall pay to EPA all Future Response Costs not inconsistent with the National Contingency Plan. On a periodic basis the United States will send Settling Defendant a bill requiring payment that includes a SCORPIOS repon. Settling Defendant shall make all payments within 30 days of Settling Defendant's receipt of each bill requiring payment, except as otherwise provided in Paragraph 58. Settling Defendant shall make all payments required by this Paragraph by a certified or cashier's check or checks made payable

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to the "Jacksonville Ash Site Special Account," or the "Brown's Dump Site Special Account," referencing the name and address of the party making the payment, EPA Site/Spill ID Number A4W5 (JAS), EPA Site/Spill ID Number A496 (BDS), and DOJ Case Number 90-11-3-08080. If the amount of the payment is greater than $10,000, payment shall be made by FedWire Electronic Funds Transfer

1

(EFf). Wire transfers should be directed to:

Federal Reserve Bank of New York

ABA= 021030004

Account= 68010727

Swift Address= FRNYUS33

33 Liberty Street

New York, NY 10045

Field Tag 4200 of the Fedwire message should read" D 68010727 Environmental Protection Agency''.

b. At the time of payment, Settling Defendant shall send notice that payment has been made to the United States in accordance with Section XXVI (Notices and Submissions), and to U.S. EPA, Region 4~ Attn: Paula V. Batchelor; 61 Forsyth Street, SW; Superfund Division 11th Floor, Atlanta. Georgia 30303.

58. Settling' Defendant may contest payment of any Future Response Costs under Paragraph 56 if it determines that the Unitect States has made an accounting error or if it alleges that a cost item that is in~luded represents costs that were incurred in a manner not consistent with the NCP. Such obj~ction shall be made in writing within 30 days of receipt of the bill and must be sent to the Unite~ States (if the United States' accounting is being disputed) pursuant to Section XXVI (Notices and Submissions). Any such objection shall specifically identify the contested Future Response Costs and the basis for objection. In the event of an objection, the Settling Defendant shall within the 30 day period pay all uncontested Future Response Costs to the United States in the manner described in Paragraph 57. Simultaneously, the Settling Defendant shall establish an interest-bearing escrow account in a federally-insured bank duJy chartered in the State of florida and remit to that escrow account funds equivalent to the amount of the contested Future Response Costs. The Settling Defendant shall send to the United States, as provided in Section ~VI (Notices and Submissions), a copy of the transmittal letter and check paying the uncontested Future Response Costs, and a copy of the correspondence that

I

establishes and funds the escrow account, including, but not limited to, information containing the identity of the bank and bank account under which the escrow account is established as well as a bank statement showing the initial balance of the escrow account. Simultaneously with establishment of the esqow account, the Settling Defendant shall initiate the Dispute Resolution procedures in Section XIX (Dispute Resolution). If the United States prevails in the dispute, within 5 days of the resolution of the dispute, the Settling Defendant shall pay the sums due (with accrued interest) to the United States in the manner described in Paragraph 57. If the Settling Defendant prevails con~eming any aspect of the contested costs, the Settling Defendant shall pay that portion of the costs '(plus associated accrued interest) for which they did not prevail to the

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United States in the manner described in Paragraph 57~ Settling Defendant shall be disbursed any • balance of the escrow account. The dispute resolution procedures set forth in this Paragraph in

conjunction with the procedures set fonh in Section XIX (Dispute Resolution) shaH be the exclusive mechanisms for resolving disputes regarding the Settling Defendant's obligation to reimburse the United States for its Future Response Costs.

59. In the event that the payn]ents required by Paragraph 57 are not made within 30 days of the Settling Defendant's receipt of the bill, Settling Defendant shall pay Interest on the unpaid balance. The Interest on Future Response Costs shall begin to accrue on the date of the bill. The Interest shall accrue through the date of the Settling Defendant's payment. Payments of Interest made under this Paragraph shall be in addition to such other remedies or sanctions available to Plaintiffs by virtue of Settling Defendant's failure to make timely payments under this Section including, but not limited to, payment of stipulated penalties pursuant to Paragraph 71. The Settling Defendant shall make all payments required by this Paragraph in the manner described in Paragraph.57.

60. Balance of Special Account Funds. After EPA issues its written Certification of Completion of the Remedial Actions pursuant to this Consent Decree, EPA may transfer such funds from the Jacksonville Ash Site Special Account and Brown's Dump Site Special Account to the Hazardous Substance Superfund.

XVII. Indemnification and Insurance

61. Settling Defendant's Indemnification of the United States.

a. Subject to §768.28, Fla. Stat., the United States does not assume any liability by entering into this agreement or by virtue of any designation of Settling Defendant as EPA's authorized representatives under Section 104(e) ofCERCLA. Settling Defendant shall indemnify, save and hold harmless the United States and its officials. agents, employees, contractors, subcontractors, or representatives for or from any and all claims or causes of action arising from. or on account of. negligent or other wrongful acts or omissions of Settling Defe.ndant. its officers, directors, employees, agents, contractors, subcontractors, and any persons acting on its behalf or under its control, in carrying out activities pursuant to this Consent Decree, including, but not limited to, any claims arising from any designation of Settling Defendant as EPA's authorized representatives under Section 104(e) of CERCLA. Funher, subject to §768.28, Fla. Stat .. the Settling Defendant agrees to pay the United States all costs its incurs including, but not limited to, attorneys fees and other expenses of litigation and settlement arising from, or on account of, claims made against the United States bas~ on negligent or other wrongful acts or omissions of Settling Defendant, its officers, directors, employees, agents, contractors, subcontractors. and any persons acting on its behalf or under its control, in carrying out activities pursuant to this Consent ·Decree. The United States shall not be held out as a party to any contract entered into by or on behalf of Settling Defendant in carrying out activities pursuant to this Consent Decree. Neither the Settling Defendant nor any such contractor shall be considered an agent of the United States ..

b. The United States shall give Settling Defendant notice of any claim for which the United States plans to seek indemnification pursuant to Paragraph 61, and shall consult with Settling Defendant prior to settling such claim.

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62. Settling,Defendant waives all claims against the United States for damages or reimbursement or for set-off of any payments made or to be made to the United States, arising from or on account of any contract, agreement, or arrangement between Settling Defendant and

I .

any person for performance of Work on or relating to the Site, including, but not limited to, claims on account of cons~ction delays. In addition, Settling Defendant shall indemnify and hold harmless the United States with respect to any and all claims for damages or reimbursement arising from or on account of any contract, agreement, or arrangement between Settling Defendant and any person for performance of Work on or relating to the Sites, including, but not limited to, claims on account of construction delays.

I

63. While Settling Defendant would normally be required to secure and maintain comprehensive general liability insurance and automobile insurance for the duration of this Order, so long as it succeSsfully complies with the tenns of Section XIII (Assurance of Abil_ity to Complete Work) liability;insurance is waived. Settling Defendant shall ensure that its contractor(s) or subcontra:ctor(s) satisfy all applicable laws and regulations regarding the provision of workers' compensation insurance for all persons performing the Work on behalf of Settling Defendant in ~erance of this Consent Decree, and comprehensive general liability and automobile insuranc~ in an amount customary and usual among environmental remediation contractors considering that the Work will be accomplished in stages over a lengthy period.

XVIII. Force Majeure

64. "Force majeure," for purposes of this Consent Decree, is defined as any event arising from causes beyond the control of the Settling Defendant, of any entity controlled by Settling Defendant, or of Settling Defendant's contractors, that delays or prevents the performance of any obligation under this Consent Decree despite Settling Defendant's best efforts to fulfill the oblig!ltion. The requirement that the Settling Defendant exercises "best efforts to fulfill the obligation" includes using best efforts to anticipate any potential force majeure event and best efforts to address the effects of any potential force maje~re event ( 1) as it is occurring and (2) following the potential force majeure event, such that the delay is minimized to the greatest extent possible. "Force Majeure" does not include financial inability to complete the Work or a failure to attain the Performance Standards.

65. · If any event occurs or has occurred that may delay the performance of any obligation under this Consent Decree, whether or not caused by a force majeure event, the Settling Defendant shall notify orally EPA's Project Coordinator or, in his or her absence, EPA's Alternate Project Coordinator or, in the event both of EPA's designated representatives are unavailable, the Directo~ of the Superfund Division, EPA Region 4, within 15 days of when Settling Defendant first knew that the event might cause a delay. Within 15 days thereafter, Settling Defendant shall/provide in writing to EPA an explanation and description of the reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to prevent or minimize the delay; a schedule for implementation of any measures to be taken to prevent or mitigate the delay or the! effect of the·delay; the Settling Defendant's rationale for attributing such delay to a force majeure event if they intend to assen such a claim; and a statement as to whether, in the opinion of the Settling Defendant, such event may cause or contribute to an endangerment to public health, welfare or the environment. The SettJing Defendant-shaH include with any notice all available documentation supporting its claim that the delay was attributable to a force

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majeure. Failure to comply with the above requirement'> shall preclude Settling Defendant from , asserting any claim of force majeure for that event for the period of time of such failure to

comply, and for any additional delay caused by such failure. Settling Defendant shaH be deemed to know of any circumstance of which Settling Defendant, any entity controlled by Settling Defendant, or Settling Defendant's contractors knew or should have known.

66. If EPA agrees that the delay or anticipated delay is attributable to a force majeure event, the time for performance of the obligations under this Consent Decree that are affected by the force majeure event wi11 be extended by EPA for such time as is necessary to complete those obligations. An extension of the time for performance of the obligations affected by the force majeure event shall not, of itself, extend the time for performance of any other obligation. If EPA does not agree that the delay or anticipated delay has been or will be caused by a force majeure event, EPA will notify the Settling Defendant in writing of its decision. If EPA agrees that the delay is attributable to a force majeure event, EPA will notify the Settling Defendant in writing of the length of the extension, if any, for perfQrmance of the obligations affected by the force majeure event.

67. If the Settling Defendant elects to invoke the dispute resolution procedures set forth in Section XIX (Dispute Resolution), it shall do so no later than 15 days after receipt of EPA's notice. In any such proceeding, Settling Defendant shall have the burden of demonstrating by a preponderance of the evidence that the delay or anticipated delay has been or will be caused by a force majeure event, that the duration of the delay or the extension sought was or will be warranted under the circumstances, that best efforts were exercised to avoid and mitigate the effects of the delay, and that Settling Defendant complied with the requirements of Paragraphs 64 and 65. above. If Settling Defendant carries this burden, the delay at issue shall be deemed not to be a violation by Settling Defendant of the affected obligation of this Consent Decree identified to EPA and the Court.

XIX. DISPUTE RESOLUTION

68. Unless otherwise expressly provided for in this Consent Decree. the dispute resolution procedures of this Section shall be the exclusive mechanism to resolve disputes arising under or with respect to this Consent Decree. However, the procedures set forth in this Section shall not apply to actions by the United States to enforce obligations of the Settling Defendant that have not been disputed in accordance with this Section.

69. Any dispute which arises under or with respect to this Consent Decree shall in the first instance be the subject of informal negotiations between the parties to the dispute. The period for infonnal negotiations shall not exceed 20 days from the time the dispute arises, unless it is modified by written agreement of the parties to the dispute. The dispute shall be considered to have arisen when one party sends the other parties a written Notice of Dispute.

70. Statements of Posjtion.

a. In the event that the parties cannot resolve a dispute by informal negotiations under the preceding Paragraph, then the position advanced by EPA shall be considered binding unless, within 20 days after the conclusion of the informal negotiation period, Settling Defendant invokes the formal dispute resolution procedures of this Section by serving on

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the United States a written Statement of Position on the matter in dispute, including. but not limited to, any factual data~ analysis or opinion supporting that position and any supporting documentation relied upofl; by the Settling Defendant. The Statement of Position shall specify the Settling Defendant's position as to whether formal dispute resolution should proceed under Paragraph 71 or Paragraph 72.

b. Within 20 days after receipt of Settling Defendant's Statement of Position. EPA will serve on Settling Defendant its Statement of Position. including, but not limited to, any factual data, analysis, or opinion supporting that position and aJI supporting documentation relied upon by EPA. EPA's Statement of Position shall include a statement as to whether formal dispute re~olution should proceed under Paragraph 71 or 72. Within 20 days after receipt of EPA's Statement of Position, Settling Defendant may submit a Reply.

c. If there is disagreement between EPA and the Settling Defendant as to whether dispute resolution should proceed under Paragraph 71 or 72, the parties to the dispute shalJ follow the procedures set forth in the paragraph determined by EPA to be applicable. However, if the Settling I:kfendant ultimately appeals to the Court to resolve the dispute, the Court shall determine which paragraph is applicable in accordance with the standards of applicability set forth in Pfll'agraphs 71 and 72.

71. Formal dispute resolution for disputes pertaining to the selection or adequacy of any response actions ~d all other disputes that are accorded review on the administrative record under applicable principles of administrative law shall be conducted pursuant to the procedures set forth in this Paragraph. For purposes of this Paragraph, the adequacy of any response action includes, without limitation: ( 1) the adequacy or appropriateness of plans, procedures to implement plans, or any other items requiring approval by EPA under this Consent Decree; and (2) the adequ~cy of the performance of response actions taken pursuant to this Consent Decree. Nothing in this Consent Decree shall be construed to allow any dispute by Settling Defendant regarding the validity of the RODs' provisions.

a. An administrative record of the dispute shall be·maintained by EPA and shall contain all statements of position, including supporting documentation, submitted pursuant to this Section. Where appropriate, EPA may allow submission of supplemental statements of position by the parties to the dispute.

b. The Director of the Superfund Division. EPA Region 4 will issue a final administrative decision resolving the dispute based on the administrative record described

I

in Paragraph 7t.a. This d~ision shall be binding upon the Settling Defendant, subject only to the right to seek judicia) review pursuant to Paragraph 7l.c and d.

c. Any administrative decision made by EPA pursuant to Paragraph 7l.b shall be reviewable by this Court. provided that a motion for judicial review of the decision is filed by the Settling Defehdant with the Court and served on all Parties within 10 days of receipt of EPA's decision. The motion shall include a description of the matter in dispute, the efforts made by the parties to re~ol ve it, the relief requested. and the schedule, if any, within which the dispute must be resolved to ensure orderly implementation of this Consent Decree. The United States may fiJe a response to Settling Defendant's motion.

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d. In proceedings on any dispute governed by this Paragraph, Settling

1 Defendant shall have the burden of demonstrating that the decision of the Superfund Division Director is arbitrary and capricious or otherwise not in accordance with law. Judicial review of EPA's decision shall be on the administrative record compiled pursuant to Paragraph 7l.a.

72. Formal dispute resolution for disputes that neither pertain to the selection or adequacy of any response actions nor are otherwise accorded review on the administrative record under applicable principles of administrative law, shall be governed by this Paragraph.

a. Following receipt of Settling Defendant's Statement of Position submitted pursuant to Paragraph 70, the Director of the Superfund Division. EPA Region 4 will issue a final decision resolving the dispute. The Superfund Division Director's decision shall be binding on the Settling Defendant unless, within 10 days of receipt of the decision, the Settling Defendant files with the Court and serves on the parties a motion for judicial review of the decision setting forth the matter in dispute, the efforts made by the parties to resolve it, the relief requested, and the schedule, if any, within which the dispute must be resolved to ensure orderly implementation of the Consent Decree. The United States may file a response to Settling Defendant's motion.

b. Notwithstanding Paragraph K of Section I (Background) of this Consent Decree, judicial review of any dispute governed by this Paragraph shall be goyemed by applicable principles of law.

73. The invocation of formal dispute resolution procedures under this Section shall not extend, postpone or affect in any way any obligation of the Settling Defendant under this Consent Decree, not directly in dispute, unless EPA or the Court agrees otherwise. Stipulated penalties with respect to the disputed matter shall continue to accrue but payment shall be stayed pending resolution of the dispute as provided in Paragraph 82. Notwithstanding the stay of payment, stipulated penalties shall accrue from the first day of noncompliance with any applicable provision of this Consent Decree. In the event that the Settling Defendant does not prevail on the disputed issue, stipulated penalties shall be assessed and paid as provided in Section XX (Stipulated Penalties).

XX. STIPULATED PENAL TIES

74. Settling Defendant shall be liable for stipulated penalties in the amounts set forth in Paragraphs 75 and 76 to the United States for failure to comply with the requirements of this Consent Decree specified below, unless excused under Section XVill (Force Majeure). "Compliance" by Settling Defendant shall include completion of the activities under this Consent Decree or any work plan or other plan approved under this Consent Decree identified below in accordance with all applicable requirements of law, this Consent Decree, the SOWs. and any plans or other documents approved by EPA pursuant to this Consent Decree and within the specified time schedules established by and approved under this Consent Decree.

75. Stipulated Penalty Amounts - Work.

a. The following stipulated penalties shall accrue per violation per day for any noncompliance identified inSubparagraph 75.b:

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Penalty Per Violation Per Day

$500.00

$750.00

$1,000.00.

Period of Noncompliance

l st through 14th day

l Sth through 30th day

31st day and beyond

b. Compliance Milestones. Settling Defendant shall be liable to EPA for stipulated penalties in the amount of $100 per violation for each calendar day during which Settling Defendant fails to comply with requirements of the Consent Decree including, but not limited to, any implementation schedule, payment requirement, notification requirement, or completion deadline.

76. Stipulated Penalty Amounts- Repo[.ts.

a. The following stipulated penalties shall accrue per violation per day for failure to submit timely or adequate reports or other written documents pursuant to Paragraphs 32 through 37:

Penalty Per Violation Per Day

$500.00

$750.00

$1,000.00

Period of Noncompliance

1st through 14th day

15th through 30th day

31st day and beyond

77. In the event that EPA assumes perfonnance of a portion or all of the Work pursuant to Paragraph 91. of Section XXI (Covenants Not to Sue by Plaintiff), Settling Defendant shall be liable for a stipulated penalty in the amount of $1,000,000.00 per Site.

78. All penalties shall begin to accrue on the day after the complete perlormance is due or the day a violation occurs, and shall continue to accrue through the final day of the correction of the noncompliance or completion of the activity. However, stipulated penalties shall not accrue: (l) with respect to a deficient submission under Section XI (EPA Approval of Plans and Other Submissions), during the period, if any, beginning on the 31st day after EPA's receipt of such submission until the date that EPA notifies Settling Defendant of any deficiency; (2) with respect to a decision by the Director of the Superfund Division, EPA Region 4, under Paragraph 7l.b or 72.a of Section XIX (Dispute- Resolution), during the period, if any, beginning on the 21st day after the :date that Settling Defendant's reply to EPA's Statement of Position is received until the date that the Director issues a final decision regarding such dispute; or (3) with respect to judicial review by this Court of any dispute under Section XIX (Dispute Resolution), during the period, if any, beginning on the 31st day after the Court's receipt of the final submission regarding the dispute until the date that the Court issues a fmal decision regarding

I such dispute. Nothing herein shall prevent the simultaneous accrual of separate penalties for separate violations of this Consent Decree.

79. FolloWing EPA's determination that Settling Defendant has failed to comply with a requirement of this Consent Decree, EPA may give Settling Defendant written notification of the same and describe the noncompliance. EPA may send the Settling Defendant

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a written demand for the payment of the penalties. However. penalties shall accrue as provided , in the preceding Paragraph regardless of whether EPA has notified the Settling Defendant of a

violation.

80. All penalties accruing under this Section shall be due and payable to the United States within 30 days of the Settling Defendant's receipt from EPA of a demand for payment of the penalties, unless Settling Defendant invokes the Dispute Resolution procedures under Section XIX (Dispute Resolution). All payments to the United States under this Section shall be paid by certified or cashier's check(s) made payable to "EPA Hazardous Substances Superfund," shall be mailed to:

U.S. Environmental Protection Agency

Fines and Penalties

Cincinnati Finance Office

P.O. Box 979077

St. Louis, MO 63197-9000,

shall indicate that the payment is for stipulated penalties, and shall reference the EPA Region and Site/Spill ID #A4W5(JAS) or #A496 (BDS), the DOJ Case Number 90-11-3-08080, and ·the name and address of the party making payment. Copies of check(s) paid pursuant to this Section, and any accompanying transmittalletter(s), shall be sent to U.S. EPA, Region 4; Attn: Paula V. Batchelor; 61 Forsyth Street, SW; Superfund Division 11th Aoor; Atlanta, Georgia 30303.

81. The payment of penalties shall not alter in any way SettJing Defendant's obligation to complete the perlormance of the Work required under this Consent Decree.

82. Penalties shall continue to accrue as provided in Paragraph 78 during any dispute resolution period, but need not be paid until the following:

i. If the dispute is resolved by agreement or by a decision of EPA that is not appealed to this Court, accrued penalties determined to be owing shall be paid to EPA within 15 days of the agreement or the receipt of EPA's decision or order;

j. If the dispute is appealed to this Court and the United States prevails in whole or in part. Settling Defendant shall pay all accrued penalties determined by the Court to be owed to EPA within 60 days of receipt of the Court's decision or order, except as provided in Subparagraph c below;

k. If the District Court's decision is appealed by any Party, Settling Defendant shall pay all accrued penalties determined by the District Court to be owing to the United States into an interest-bearing escrow account within 60 days of receipt of the Court's decision or order. Penalties shall be paid into this account as they continue to accrue, at least

· every 60 days. Within 15 days of receipt of the final appellate court decision, the escrow agent shall pay the balance of the account to EPA or to Settling Defendant to the extent that they . prevail.

83. If Settling Defendant fails to pay stipulated penalties when due, the United

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States may institute proceedings to collect the penalties, as well as interest. Settling Defendant shall pay Interest on the unpaid balance; which shall begin to accrue on the date of demand made 1

pursuant to Paragraph 80.

84. Nothing in this Consent Decree shaH be construed as prohibiting, altering, or in any way limiting the abi~ity of the United States to seek any other remedies or sanctions available by virtue of Settling Defendant's violation of this Decree or of the statutes and

I

regulations upon which it i.s based, including, but not limited to. penalties pursuant to Section 122(1) of CERCLA. provided, however, that the United States shall not seek civil penalties pursuant to Section 122(1) ,of CERCLA for any violation for which a stipulated penalty is provided herein, except in the case of a willful violation of the Consent Decree.

85. Notwithstanding any other provision of this Section. the United States may, in its unreviewable discretion, waive any portion of stipulated penalties that have accrued pursuant to this Consent Decree.

XXI. COVENANTS NOT TO SU£ BY PLAINTIFF

86. In consideration of the actions that will be performed and the payments that will be made by the Settling Defendant under the terms of the Consent Decree, and except as specifically provided in Paragraphs 87, 88, and 90 of this Section. the United States covenants not to sue or to take administrative action against Settling Defendant pursuant to Sections 106 and l07(a) of CERCLA and Section 7003 of RCRA relating to the Sites. Except with respect to future liability, these covenants not to sue shall take effect upon the receipt by EPA of the payments required by Paragraph 56.b of Section XVI (Payments for Response Costs). With respect to future liability, these covenants not to sue shall take effect upon Certification of Completion of Remedial Actions by EPA pursuant to Paragraph 53.b of Section XIV (Certification of Completi~n). These covenants not to sue are conditioned upon the satisfactory performance by Settling Qefendant of its obligations under this Consent Decree. These covenants not to sue extend only to the Settling Defendant and do not extend to any other person.

87. United States' Pre-certification Reservations. Notwithstanding any other provision of this Consent Decree, the United States reserves, and this Consent Decree is without prejudice to, the right to institute proceedings in these actions or in new actions, or to issue an administrative order seeking to compelSettling Defendant

a. to perform further response actions relating to the Sites, or

b. to reimburse the United States for additional costs of response if, prior to Certification of Completion of the Remedial Actions:

(1) conditions at the Sites, previously unknown to EPA, are discovered, or

(2) information, previously unknown to EPA, is received, in whole or in part,

and EPA detenniries that these previously unknown conditions or information together with any other relevant information indicates that the Remedial Actions are not protective of human health or the environment.

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88. United States' Post-certification Reservations. Notwithstanding any other ~ provision of this Consent Decree, the United States reserves, and this Consent Decree is without

prejudice to, the right to institute proceedings in these actions or in new actions, or to issue an administrative order seeking to compel Settling Defendant

a. to perform further response actions relating to the Sites, or

b. to reimburse the United States for additional costs of response if, subsequent to Certification of Completion of the Remedial Actions:

(1) conditions at the Sites, previously unknown to EPA. are discovered, or

(2) information, previously unknown to EPA, is received, in whole or in part,

and EPA determines that these previously unknown conditions or this information together with other relevant information indicate that the Remedial Actions are not protective of human health or the environment.

. 89. For purposes of Paragraph 87, the information and the conditions known to EPA shall include only that information and those conditions known to EPA as of the date the RODs were signed and set forth in the Records of Decision for the Sites and the administrative records supporting the Records of Decision. For purposes of Paragraph 88, the information and the conditions known to EPA shall include only that information and those conditions known to EPA as of the date of Certification of Completion of the Remedial Actions and set forth in the Records of Decision, the administrative records supporting the Records of Decision, the post­ROD administrative records, or in any information received by EPA pursuant to the requirements· of this Consent Decree prior to Certification of Completion of the Remedial Actions.

90. General reservations of rights. The United States reserves, and this Consent Decree is without prejudice to, all rights against Settling Defendant with respect to all matters not expressly included within Plaintiffs covenant not to sue. Notwithstanding any other provision of this Consent Decree, the United States reserves all rights against Settling Defendant with respect to:

a. claims based on a failure by Settling Defendant to meet a requirement of this Consent Decree;

b. liability arising from the past, present, or future disposal, release, or threat of release of Waste Material outside of the Sites;

c. liability based upon the Settling Defendant's ownership or operation of the Sites, or upon the Settling Defendant's transportation, treatment. storage, or disposal, or the arrangement for the transportation, treatment, storage, or disposal of Waste Material at or in connection with the Sites, other than as provided in the RODs, the Work, or otherwise ordered by EPA, after signature of this Consent Decree by the Settling Defendant:

d. liability for damages for injury to, destruction of. or loss of natural

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resources, and for the costs of any natural resource damage assessments;

e. criminalliability;

f. liability for violations of federal or state law which occur during or after implementation of the Remedial Actions; and

g. liability, prior to Certification of Completion of the Remedial Actions, for additional response actions that EPA determines are necessary to achieve Performance Standards, but that cannot be required pursuant to Paragraph 14 (Modification of the SOWs or Related Work Plans):

91. Work Takeover (a) In the event EPA determines that Settling Defendant has (i) ceased implementa~ion of any portion of the Work, or (ii) is seriously or repeatedly deficient or late in their performance of the Work, or (iii) is implementing the Work in a marmer which may cause an endangerment to human health or the environment, EPA may issue a written notice (Work Takeover Notice) to the Settling Defendant. Any Work Takeover Notice issued by EPA will specify the grounds upon which such notice was issued and will provide Settling Defendant a period of 10 days within which to remedy the circumstances giving rise to EPA· s issuance of such notice.

(b) If, after expiration of the 10-day notice period specified in Paragraph 9l(a). Settling Defendant has not remedied to EPA's satisfaction the circumstances giving rise to EPA's issuance of the relevant Work Takeover Notice, EPA may at any time thereafter assume the performance of all or ~y portions of the Work as EPA deems necessary (Work Takeover). EPA shall notify Settling Defendant in writing (which writing may be electronic) if EPA determines that implementation of a Work Takeover is warranted under this Paragraph 91(b).

(c) Settling Defendant may invoke the procedures set forth in Section XIX (Dispute Resolution), Paragraph 71, to dispute EPA's implementation of a Work Takeover under Paragraph 91(b). However, notwithstanding Settling Defendant's invocation of such dispute resolution procedures, and during the pendency of any such dispute, EPA may in its sole discretion commence and continue a Work Takeover under Paragraph 91(b) until the earlier of (i) the date rhat Settling Defendant remedies, to EPA's satisfaction, the circumstances giving rise to EPA's issuance of the relevant Work Takeover Notice or (ii) the date that a final decision is rendered in accordance with Section XIX (Dispute Resolution), Paragraph 71, requiring EPA to terminate such Work Takeover.

(d) After commencement and for the duration of any Work Takeover, EPA shall have immediate access to and benefit of any performance guarantee(s) provided pursuant to Section X Ill of this Consent Decree. in accordance with the provisions of Paragraph 49 of that Section. If and to the extent that EPA is unable to secure the resources guaranteed under any such performance guaran~ee and the Settling Defendant fails to remit a cash amount up to but not exceeding the estimated cost of the remaining Work to be performed, all in accordance with the provisions of Paragraph SO, any unreimbursed costs incurred by EPA in performing Work under

I

the Work Takeover shall be considered Future Response Costs that Settling Defendant shall pay pursuant to Section XVI (Payment for Response Costs).

92. Notwithstanding any other provision of this Consent Decree, the United States -38-

t

retains all authority and _reserves all rights to take any and all response actions authorized by law.

XXII. COVENANTS BY SEITUNG DEFENDANT

93. Covenant Not to Sue. Subject to the reservations in Paragraph 94, Settling Defendant hereby covenants not to sue and agrees not to assert any claims or causes of action against the United States with respect to the Sites, and Past and Future Response Costs as defined herein, or this Consent Decree, including, but not limited to:

a. any direct or indirect claim for reimbursement from the Hazardous Substance Superfund (established pursuant to the Internal Revenue Code, 26 U.S.C. § 9507) through CERCLA Sections 106(b)(2), 107, 111, 112, 113 or any other provision of law;

b. any claims against the United States, including any department, agency or instrumentality of the United States under CERCLA Sections I 07 or 113 related to the Site, or

c. any claims arising out of response actions at or in connection with the Sites, including any claim under the United States Constitution, the Florida Constitution, the Tucker Act, 28 U.S.C. § 1491, the Equal Access to Justice Act, 28 U.S.C. § 2412, as amended, or at common law.

Except as provided in Paragraph 96 (Waiver of Claims Against De Micromis Parties), and Paragraph 102 (waiver of Claim-Splitting Defenses), these covenants not to sue shall not apply in the event that the United States brings a cause of action or issues an order pursuant to the reservations set forth in Paragraphs 87, 88,90 (b)- (d) or 90 (g), but only to the extent that Settling Defendant's claims arise from the same response actions, response costs, or damages that the United States is seeking pursuant to the applicable reservat\on.

94. The Settling Defendant reserves, and this Consent Decree is without prejudice to, claims against the United States, subject to the provisions of Chapter 171 of Title 28 of the United States Code, for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his office or employment under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. However, any such claim shall not include a claim for any damages caused, in whole or in part. by the act or omission of any person, including any contractor, who is not a federal employee as that term is defmed in 28 U.S.C. § 2671; nor shall any such claim include a claim based on EPA's selection of response actions, or the oversight or approval of the Settling Defendant's plans or activities. The foregoing applies only to claims which are brought pursuant to any statute other than CERCLA and for which the waiver of sovereign immunity is fotmd in a statute other than CERCLA.

95. Nothing in this Consent Decree shall be deemed to constitute preauthorization of a claim within the meaning of Section 111 of CERCLA, 42 U.S.C. § 9611, or 40 C.F.R. § 300.700(d).

96. Settling Defendant agrees not to assert any claims and to waive all claims or

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causes of action that they may have for all matters relating to the Sites. including for contribution. against any person where the person's liability to Settling Defendant with respect to • the Sites is based solely on having arranged for disposal or treatment. or for transport for disposal or treatment, of hazardous substances at the Sites, or having accepted for transport for disposal or treatment of hazardous substances at the Sites, if:

a. any materials contributed by such person to either Site constituting 1\lunicipal Solid Waste (MSW) or Municipal Sewage Sludge (MSS) did not exceed 0.2% of the total volume of waste at that Site; and

b. any materials contributed by such person to either Site containing hazardous substances: but not constituting MSW or MSS, did not exceed the greater of (i) 0.002% of the total volume of waste at that Site, or (ii) 110 gallons of liquid materials or 200 pounds of solid materials.

c. This waiver shall not apply to any claim or cause of action against any. person meeting the above criteria if EPA has determined that the materials contributed to either Site by such person contributed or could contribute significantly to the costs of response at that Site. This waiver also shall not apply with respect to any defense, claim. or cause of action that Settling Defendant may have against any person if such person asserts a claim or cause of action relating to the Sites against Settling Defendant.

97. Settling Defendant agrees not to seek judicial review of the fmal rule listing the Site on the NPL based on a claim that changed site conditions that resulted from the performance of the Work in any way affected the basis for listing the Site.

XXill. EFFECT OF SFITLEMENT: CONTRIBUTION PROTECTION

98. Except as provided in Paragraph 96 (Waiver of Claims Against De Micromis Parties), nothing in this Consent Decree shall be construed to create any rights in, or grant any cause of action to, any person not a Party to this Consent Decree. The preceding sentence shall not be construed to waive or nullify any rights that any person not a signatory to this decree may have under applicable law. Except as provided in Paragraph 96 (Waiver of Claims Against De Micromis Parties), each of the Parties expressly reserves any and all rights (including, but not limited to, any right to contribution), defenses, claims, demands, and causes of action which each PaJ1y may have with respect to any matter, transaction, or occurrence relating in any way to the Sites against any person not a Party hereto.

99. The Parties agree, and by entering this Consent Decree this Court finds. that the Settling Defendant is entitled, as of the Effective Date, to protection from contribution

·actions or claims as provided by CERCLA Section 113(0(2), 42 U.S.C. § 9613(f)(2) for matters addressed in this Consent Decree.

lOO. The Settling Defendant agrees that with respect to any suit or claim for contribution brought by it for matters related to this Consent Decree it will notify the United States in writing no later than 60 days prior to the initiation of such suit or claim.

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101. The Settling Defendant also agrees that with respect to any suit or claim for , contribution brought against it for matters related to this Consent Decree it will notify in writing

the United States within lO days of service of the complaint on it. In addition, Settling Defendant shall notify the United States within 10 days of service or receipt of any Motion for Summary Judgment and within 10 days of receipt of any order from a court setting a case for trial.

1 02. ln any subsequent administrative or judicial proceeding initiated by the United States for injunctive relief, recovery of response costs, or olher appropriate relief relating to the Sites, Settling Defendant shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim­splitting, or other defenses based upon any contention that the claims raised by the United States in the subsequent proceeding were or should have been brought in the instant case; provided, however, that nothing in this Paragraph affects the enforceability of the covenants not to sue set forth in Section XXI (Covenants Not to Sue by Plaintiff).

XXIV. ACCESS TO INFORMATION

103. Settling Defendant shall provide to EPA, upon request, copies of all documents and information within its possession or control or that of their contractors or agents relating to activities at the Sites or to the implementation of this Consent Decree', including, but not limited to, sampling, analysis, chain of custody records, manifests, trucking logs, receipts, reports, sample traffic routing, correspondence, or other documents or information related to the Work. Settling Defendant shall also make available to EPA, for purposes of investigation, information gathering, or testimony, its employees, agents, or representatives with knowledge of relevant facts concerning the perform_ance of the Work.

104. Business Confidential and Privileged Documents.

a. Settling Defendant may assert business confidentiality claims covering part or all of the documents or information submitted to Plaintiff under this Consent Decree to the extent permitted by and in accordance with Section 104(e)(7) of CERCLA, 42 U.S.C. § 9604(e)(7), and 40 C.F.R. § 2.203(b). Documents or information determined to be confidential by EPA will be afforded the protection specified in 40 C.F.R. Part 2, Subpart B. If no claim of confidentiality accompanies documents or infonnation when they are submitted to EPA, or if EPA has notified Settling Defendant that the documents or information are not confidential under the standards of Section 104(e)(7) of CERCLA or 40 C.F.R. Part 2, Subpart B, the public may be given access to such documents or information without further notice to Settling Defendant.

b. The Settling Defendant may assert that certain documents, records and other information are privileged wider the attorney-client privilege or any other privilege recognized by federal law. If the Settling Defendant asserts such a privilege in lieu of providing documents, it shall provide the Plaintiff with the following: ( 1) the title of the document. record. or information; (2) the date of the document, record, or information; (3) the name and title of the author of the document, record, or information; (4) the name and title of each addressee and recipient; (S) a description of the contents of the document, record, or infonnation: and {6) the privilege asserted by the Settling Defendant. However, no documents, reports or other information created or generated pursuant to the requirements of the Consent Decree shall be

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withheld on the grounds that they are privileged.

105. No claim of confidentiality shall be made with respect to any data, including, but not limited to, all sampling, analytical, monitoring, hydrogeologic, scientific. chemical, or engineering data. or any other documents or information evidencing conditions at or around the Sites.

I XXV. RETENTION OF RECORDS

106. Until 10 years after the Settling Defendant's receipt of EPA's notification pursuant to Paragraph 53.b of Section XIV (Certification of Completion of the Work), Settling Defendant shall preserve and retain all non-identical copies of records and documents (including records or documents in electronic form) now in its possession or control or which come into its possession or control that relate in any manner to its liability under CERCLA with respect to the Sites. provided, however. that if Settling Defendant is potentially liable as owner or operator of the Sites it must retain, in'addition, all documents and records that relate to the liability of any other person under CERCLA with respect to the Sites. Settling Defendant must also retain, and instruct its contractors and agents to preserve. for the same period of time specified above all non-identical copies of th~ last draft 011 final version of any documents or records (including documents or records in electronic form) now in its possession or control or which come into its possession or control that relate in any manner to the performance of the Work, provided, however, that Settling Defendant (and its contractors and agents) must retain, in addition, copies of all data generated during the performance of the Work and not contained in the aforementioned documents required to be retained. Each of the above record retention requirements shall apply ~egardless of fmY corporate retention policy to the contrary.

107. At the conclusion of this document retention period, Settling Defendant shall notify the United States at least 90 days prior to the destruction of any such records or documents, and, upon request by the United States, Settling Defendant shall deliver any such records or documents to EPA. The Settling Defendant may assen that certain documents, records and other information are privileged under the attorney-client privilege or any other privilege recognized by federal law. lf the Settling Defendant assens such a privilege, it shall provide the Plaintiff with the following: ( 1) the title of the document, record, or information; (2) the date of the document, record, or information; (3) the name and title of the author of the document, record, or information; (4} the name and title of each addressee and recipient; (5) a description of the subject of the document, record, or information; and (6) the privilege asserted by Settling Defendant. However, no documents, repons or other information created or generated pursuant to the requirements of the Consent Decree shall be withheld on the grounds that they are privileged.

108. Settling Defendant hereby certifies individually that, to the best of its knowledge and belief, _after thorough inquiry, it has not altered, mutilated, discarded, destroyed or otherwise disposed o~ any records, documents or other information (other than identical copies) relating to its potential liability regarding the Sites since notification of potential liability by the United States or the State or the filing of suit against it regarding the Sites and that it has fully complied with any and all EPA requests for information pursuant to Section 104(e) and 122(e) of CERCLA. 42 U.S.C. 9604(e.l and 9622(e), and Section 3007 of RCRA. 42 U.S.C. 6927.

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XXVI. NOTICES AND SUBMISSIONS

109. Whenever. under the terms of this Consent Decree. written notice is required to be given or a report or other document is required to be sent by one Party to another, it shall be directed to the individuals at the addresses specified below, unless those individuals or their successors give notice of a change to the other Parties in writing. AJI notices and submissions shall be considered effective upon receipt, unless otherwise provided. Written notice as specified herein shall constitute complete satisfaction of any written notice requirement of the Consent Decree with respect to the United States. EPA, and the Settling Defendant, respectively.

As to the United States:

As to EPA:

As to the Settling Defendant:

As to the State:

Bruce Gelber Chief, Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C. 20044-7611 Re: OJ # 90-11-3-08080

Franklin E. Hill Director, Superfund Division United States Environmental Protection Agency Region 4 61 Forsyth Street, SW Atlanta, GA 30303

Joe Alfano (Jacksonville Ash Site), or Scott Martin (Brown's Dump Site) EPA Project Coordinators United States Environmental Protection Agency Region 4 61 Forsyth Street, SW Atlanta, GA 30303

L. Chris Pearson Chief, Solid Waste Division

Settling Defendant's Project Coordinator 1031 Superior Street Jacksonville, FL 32254-2042

Program Administrator State of Florida Environmental Protection Division, Suite 8200 7825 Baymeadows Way JacksonviJle, Fl.. 32256

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XXVII. EFFECTIVE DATE

110. The effeetive date of this Consent Decree shall be the date upon which this Consent Decree is entered by the Court, except as otherwise provided herein.

XXVIII. RETENTION OF JURJSDICJ'ION

111. This Court retains jurisdiction over both the subject matter of this Consent Decree and the Settling Defendant for the duration of the performance of the terms and provisions of this Consent Decree for the purpose of enabling any of the Panies to apply to the Court at any time for such further order, direction, and relief as may be necessary or appropriate for the construction or modification of this Consent Decree, or to effectuate or enforce compliance with its terms, or to resolve disputes in accordance with Section XIX (Dispute Resolution) hereof.

XXIX. APPENDICES

112. The following appendices are attached to and incorporated into this Consent Decree:

"Appendix A" is the ROD for the Jacksonville Ash Superfund Alternative Site.

"Appendix B".is the ROD for the Brown's Dump Superfund Alternative Site.

"Appendix C" is the SOW for the Jacksonville Ash Superfund Alternative Site.

''Appendix D" is the SOW for the Brown's Dump Superfund Alternative Site.

"Appendix E" is the description and/or map of the Jacksonville Ash Superfund Alternative Site.

"Appendix F" is the description and/or map of the Brown's Dump Superfund Alternative Site.

XXX. COMMUNITY RELATIONS

113. Settling Defendant shall propose to EPA its participation in the community relations plan to be developed by EPA. EPA will determine the appropriate role for the Settling Defendant under the Plari. Settling Defendant shall also cooperate with EPA in providing information regarding the Work to the public. As requested by EPA, Settling Defendant shall participate in the preparaiion of such information for dissemination to the public and in public meetings which may be held or sponsored by EPA to explain activities at or relating to the Sites. Within 30 days of a request by EPA, Settling Defendant also shall provide EPA with a Technical Assistance Plan (TAP) for providing and administering up to $50,000 per site of Respondent's funds to be used by a qualified community group to hire independent technical advisors during the Work conducted pur~uant to this Decree. The TAP shall state that the Settling Defendant will provide and administer any additional amounts needed if EPA, in its discretion, determines that the selected community group has demonstrated such a need. Upon its approval by EPA, the TAP shall be incorporated into and become enforceable under this Consent Decree.

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·I ,

XXXI. MODIACATION

114. Schedules specified in this Consent Decree for completion of the Work may be modified by agreement of EPA and the Settling Defendant. All such modifications shall be made in writing.

115. Except as provided in Paragraph 14 (Modification of the SOW or Related Work Plans), no material modifications shall be made to the SOWs without written notification to and written approval of the United States, Settling Defendant. and the Court, if such modifications fundamentally alter the basic features of the selected remedy within the meaning of 40 C.F.R. 300.435(c)(2)(B)(ii). Prior to providing its approval to any modification, the United States will provide the State with a reasonable opportunity to review and comment on the propose.d modification. Modifications to the SOWs that do not materially alter that document, or material.modifications to the SOWs that do not fundamentally alter the basic features of the selected remedy within the meaning of 40 C.F.R.300.43S(c)(2)(B)(ii), may be made by written agreement between EPA, after providing the State with a reasonable opportunity to review and corrunent on the proposed modification, and the Settling Defendant.

116. Nothing in this Decree shall be deemed to alter the Court's power to enforce. supervise or approve modifications to this Consent Decree.

XXXII. LoDGING AND OPPORTUNITY FOR PuBLIC COMMENT

117. This Consent Decree shall be lodged with the Court for a period of not less than thirty (30) days for public notice and corrunent in accordance with Section l22(d)(2) of CERCLA, 42 U.S.C. § 9622(d)(2), and 28 C.F.R. § 50.7. The United States reserves the right to withdraw or withhold its consent if the comments regarding the Consent Decree disclose facts or considerations which indicate that the Consent Decree is inappropriate, improper, or inadequate. Settling Defendant consents to the entry of this Consent Decree without further notice.

118. If for any reason the Court should decline to approve this Consent Decree in the fonn presented, this agreement is voidable at the sole discretion of any Party and the terms of the agreement may not be used as evidence in any litigation between the Panies.

XXXIII. SIGNAJORIEs/SERVICE

119. Each undersigned representative of the Settling Defendant to this Consent Decree and the Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice cenifies that he or she is fully authorized to enter .into the terms and conditions of this Consent Decree and to execute and legally bind such Party to this document.

120. The Settling Defendant hereby agrees not to oppose entry of this Consent Decree by this Court or to challenge any provision of this Consent Decree unless the United States has notified the Settling Defendant in writing that it no longer supports entry of the Consent Decree.

121. The Settling Defendant shall identify, on the attached signature page. the name, address and telephone number of an agent who is authorized to accept service of process by mail on its behalf with respect to all matters arising under or relating to this Consent Decree. Settling Defendant hereby agrees to accept service in that manner and to waive the formal service

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requirements set forth in Rule 4 of the Federal Rules of Civil Procedure and any applicable local rules of this Court, including. but not limited to, service of a summons. The parties agree that Settling Defendant needs not file an answer to the complaint in this action unless or until the court expressly declines to enter this Consent Decree.

XXXIV. FINALJUDGMENf

122. This Consent Decree and its appendices constitute the final, complete, and exclusive agreement and understanding among the parties with respect to the settlement embodied in the Consent Decree. The parties acknowledge that there are no representations, agreements or understandings relating to the settlement other than those expressly contained in this Consent Decree.

123. Upon approval and entry of this Consent Decree by the Court, this Consent Decree shall constitute a final judgment between and among the United States and the Settling Defendant. The Court finds that there is no just reason for delay and ther~fore enters this judgment as a fmal judgment under Fed. R. Civ. P. 54 and 58.

SO ORDERED THIS L2coA Y OF~· 20#:S.

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THE UNDERSIGNED PARTIES enters into this Consent Decree in the matter of United States v. City ~ of Jacksonville, relating to the Jacksonville Ash Superfund Alternative Site.

lt=6·b.~ Date

Date

FOR THE UNITED STATES OF AMERICA

~~· Ronald J. Tenpas Assistant Attorney General Environment and Natural Resources Division U.S. Department of Justice Washington, D.C. 20530

William A. Weinischke Senior Attorney Environmental Enforcement Section Environment and Natural Resources Division U.S. Department of Justice P.O. Box 7611 Washington, D.C. 20044-7611 (202) 514-4592

Assistant United States Attorney Middle District of Aorida Jacksonville Division U.S. Department of Justice Address:

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THE UNDERSIGNED PARTIES enters into thi~ Consent Decree in the matter of United States v. City of Jacksonville. relating to the Jacksonville Ash Superfund Alternative Site.

Jllzrhl Date

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

_i

~ t j)a.__, Caroline 8. Philson Associate Regional Counsel U.S. Environmental Protection Agency Region4 61 Forsyth Street, SW Atlanta, GA 30303

--l8-

,.

Title: 117 w. Duval St., Ste. 400 Address: .Tacksomzi 1 le, El 32202

Agent Authorized to Accept Service on Behalf of Above-signed Party:

Name (print): Title: Address:

Ph. Number:

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Richard A. Mullaney General Counsel City Hall-St. James, Suite 480 117 West Duval Street Jacksonville, Florida 32202 (904) 630-1700